Other conditions decisions — 2020

The Veteran withdrew his appeals regarding the right lower extremity disability, left lower extremity disability, and prostate cancer compensation claims.

The Board denied the appellant's request for a waiver of recovery of overpaid VA death pension benefits, finding that it would be against equity and good conscience to require repayment.

The Board has remanded the case due to insufficient evidence regarding whether there was a superimposed disease or injury in service that resulted in additional eye disability, and whether any diagnosed congenital disease was aggravated beyond its natural progression during military service.

The Board has remanded the Veteran's claims for increased ratings for his right knee disabilities due to insufficient evidence in the record regarding the severity of his service-connected conditions.

The Board denied service connection for Wilson's disease as there is no current diagnosis of the condition.

The Veteran's separation pay of $7,243.21 has been recouped by the Department of Defense. The Board is remanding to determine if this was done correctly and to obtain information from DFAS regarding payment.

The Board denied the Veteran's claims for an earlier effective date and increased evaluation for his service-connected trigeminal nerve disorder. The effective date remains at December 18, 2012, as this is when the claim was received. The Veteran's current rating of 10 percent under Diagnostic Code 8502 for moderate incomplete paralysis is upheld.

The Veteran's claim for a higher rating for impairment of the seventh cranial nerve damage is being remanded due to concerns about the competency of the January 2020 VA examiner.

The Board found that the appellant's spouse had multiple infractions during service, including unauthorized absences and misconduct, which resulted in his discharge under other than honorable conditions. The character of this discharge is considered a bar to VA benefits.

The Board denied service connection for a bilateral foot condition, finding that the evidence did not support a link between current foot conditions and active duty service.

The claim for recognition as the surviving spouse is denied because she was legally married to another person at the time of her husband's death, and there are no exceptions that would allow her to be considered his surviving spouse.

The Veteran's initial rating for blindness, left eye with NLP and right eye vision loss due to stroke prior to February 19, 2014 was denied as his visual acuity in the right eye did not meet the criteria for a higher rating. The issue of entitlement to a TDIU is dismissed as moot since he has been receiving SMC benefits.

The Board denied the Veteran's claim for service connection for Non-Hodgkin’s lymphoma due to herbicide agent exposure, finding that there was no evidence of herbicide exposure during his service in Panama and that the disease did not have its onset during or within one year after service.

The Board has remanded the case due to a lack of documentation regarding changes in direct deposit information for the Veteran's VA compensation benefits during his incarceration.

The Veteran's compensation was terminated due to being considered a fugitive felon during the specified period, and he has withdrawn his appeal.

The Board has decided that the Appellant's appeal for apportionment of the Veteran’s VA disability benefits on behalf of his minor child is not properly docketed and requires additional action.

The appellant, the Veteran's son, is not eligible for accrued benefits as he does not qualify as a child under VA regulations and has denied bearing any expenses related to his father's last sickness or burial.

The Board denied the appellant's claim for survivor’s pension benefits due to her excessive net worth, which exceeded the $127,061 limit effective December 1, 2018.

The Veteran's appeal regarding the reduction in his rating for left pudendal nerve entrapment and the termination of a total disability rating based on individual unemployability (TDIU) is being remanded due to procedural errors and missing records.

The Board has decided to remand the case due to a failure to obtain an adequate medical opinion regarding whether the Veteran's right inguinal hernia status post repair is related to active service.