Other conditions decisions — 2020

The Veteran's overpayment of $528.00 in VA pension benefits is being reviewed due to a change in his monthly income, and the validity of this debt must be determined before considering a waiver request.

The Board has decided to remand the case due to a duty-to-assist error regarding the Veteran's bilateral exophthalmos, which was diagnosed in service. The VA examiner needs to provide an opinion on whether the condition clearly and unmistakably preexisted service and if it was aggravated by active military service.

The Veteran's pulmonary embolism is being evaluated for its association with his service-connected deep vein thrombosis, and the AOJ needs to provide a VA examination to determine if this condition qualifies as a residual of his service-connected DVT.

The Veteran's death was not due to a service-connected condition, and he did not meet the eligibility criteria for VA burial transportation reimbursement. The appeal is denied.

The Board has granted service connection for left thumb and disability of the fingers of the left hand other than the middle finger due to joint pain attributed to an undiagnosed illness, with reasonable doubt resolved in favor of the Veteran.

The Board has decided to remand the case due to errors in creating and validating an overpayment of $3,471.70 for FYs 2017 and 2018, and will need to verify all drill days completed and pay received.

The Board dismissed the Veteran's claim for an earlier effective date for dependency benefits for her child, G.Q., as the criteria had not been met prior to November 1, 2014.

The Veteran's income from Social Security benefits exceeded the applicable maximum annual pension rate (MAPR), resulting in denial of nonservice-connected disability pension benefits.

The Board denied service connection for dental condition previously claimed as grinding teeth, finding that bruxism is not a compensable disability for which service connection can be granted.

The Veteran's cause of death was not service-connected due to lack of exposure to herbicides and the Veteran did not meet the criteria for dependency and indemnity compensation under 38 U.S.C. § 1318.

The Board has decided to remand the Veteran's claims for service connection and rating of his respiratory disability, as well as his claim for a compensable rating for his service-connected vitiligo. The issues are being remanded due to concerns about substantial compliance with previous Board orders.

The Veteran's appeal is about the validity of a debt caused by the removal of her spouse from her award effective November 1, 2004. The Board has decided that J.K., her former spouse, should be re-added as a dependent through their divorce date and removed from her award starting November 1, 2004. However, she disputes the amounts calculated by VA for this overpayment. The decision is remanded to allow VA to provide an audit of the new debt figure.

The Board has determined that the matter is not ripe for appellate review due to procedural issues, and it is remanded for further action.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to proceed with the case.

The appellant's DIC benefits were denied because she was over the age of 18 during a period when she did not attend school, and thus is not eligible for DIC benefits during that time.

The Board denied the appellant's request to be reimbursed for educational expenses incurred prior to June 22, 2015 due to a legal issue with her election of beginning date.

The Board has remanded the case due to a need for additional medical examination and analysis regarding the Veteran's polycythemia, including its relation to service exposure.

The Board has decided to remand the case due to insufficient medical opinions and incomplete development regarding service connection for restrictive pericarditis, status post-pericardiectomy. The Veteran's representative has also raised a new theory of entitlement based on asbestos exposure in service.

The Board denied service connection for a GI disorder and denied special monthly compensation based on the need for regular aid and attendance or housebound status.

The Board has restored a 50% rating for the Veteran's service-connected cephalgia, effective May 1, 2016. The reduction from 50 to 0 percent was found improper due to an incomplete examination and lack of sustained improvement in the condition.