Other conditions decisions — 2020

The Veteran's overpayment of VA compensation benefits in the amount of $10,249.16 is being remanded due to a recent change in her financial status as indicated by her bankruptcy filing and current control of her funds.

The Board denied the Appellant's request for more than 22 months and 13 days of educational assistance benefits under the Post-9/11 GI Bill, as his combined VA education benefits are limited by law to 48 months. The decision is based on the limitation imposed by statute and regulation.

The Board denied an initial disability evaluation in excess of 30 percent for the Veteran's psychiatric disability, finding that his symptoms more closely approximated a 30 percent rating.

The Board has identified a pre-decisional duty to assist error and thus, the case is being remanded for further evaluation of the Veteran's net worth.

The Board denied the Veteran's claims for service connection for left and right lower extremity swelling, finding no current disability related to his military service.

The Veteran's appeal of the effective date prior to April 12, 2013 for TDIU and DEA benefits is granted. The appeals are dismissed due to concurrent jurisdictional issues.

The Board has decided that the Veteran's Vocational Rehabilitation and Employment benefits should be reviewed again due to incomplete file. The case is being sent back for the RO to upload the complete VRE paper claims file into the electronic file.

The Board found that the removal of J.M.P. from the Veteran's award as a dependent spouse effective March 1, 2020 was proper based on information provided by the Veteran regarding his marital status.

The Board has granted a waiver of recovery for the overpayment of $4,610.71 due to failure to notify VA of divorce from spouse.

The claim for Survivors Pension is being remanded as new evidence has been submitted, but the decision on the merits of the case will be made by the RO.

The Veteran's appeal for service connection for constipation was dismissed as the August 2019 rating decision constituted a review of the same issue from the September 2018 rating decision.

The Board has granted service connection for other/unspecified trauma-and stressor-related disorder, finding that the Veteran's symptoms are related to his traumatic experiences in Vietnam.

The Board has granted service connection for the residuals of a left pectoralis muscle tear, finding that there is an approximate balance of positive and negative evidence regarding whether the Veteran experiences current residuals from this condition incurred in service.

The Veteran's service connection claim for chronic lymphocytic leukemia is granted due to presumed exposure to herbicide agents during his service in Thailand.

The Board has remanded the claims of service connection for left and right varicose veins due to a lack of an opinion regarding whether these conditions are related to in-service standing duty.

The Board has decided to remand the case due to a need for a VA examination regarding the Veteran's lung disability, which may be related to his service in Vietnam and exposure to herbicide agents.

The Board has denied service connection for a right hip disorder and remanded the claim for service connection for a urinary disorder.

The Veteran's application for the Edith Nourse Rogers STEM Scholarship was denied because he is enrolled in a medical residency program, not a teaching certification program.

The Veteran's claim for service connection for cardiac murmur with thickened aortic valve is being remanded due to the need for clarification of whether his condition is a congenital defect or disease, and if it was aggravated by service. The issue will also be reconsidered in light of raised theories of asbestos exposure and cold weather exposure.

The Board has dismissed the appeals regarding entitlement to service connection for left and right foot disorders due to the Veteran's withdrawal of his appeal.