Other conditions decisions — 2020

The Veteran's request for a waiver of overpayment of nonservice-connected pension benefits was denied due to it being untimely filed.

The Board has determined that additional development is needed to accurately determine the Veteran's active duty service for purposes of Chapter 33 educational assistance benefits, and thus remands the case.

The Board has determined that the reduction of the Veteran's non-service-connected disability pension benefits from December 1, 2014 to December 1, 2015 was not proper due to VA error. The effective date should have been December 1, 2015, the date of the last payment.

The Veteran's claim for a rating in excess of 30 percent for his right hand disability was denied. The Board also determined that an effective date prior to April 13, 2016 is not warranted for the award of a 30 percent rating.

The Board dismissed the claims due to the appellant's death.

The Veteran's appeal for an earlier effective date for additional compensation for a dependent spouse and eligibility to Dependents’ Educational Assistance (DEA) has been denied. The issues have been remanded due to the lack of a Statement of the Case addressing these matters.

The Veteran withdrew his appeal for TDIU, so the case is dismissed.

The Veteran's claim for service connection for laryngeal papillomatosis was reopened due to new and material evidence. However, the claim remains denied as there is no evidence linking his condition to active duty or exposure to herbicide agents.

The appellant withdrew her claim for recognition as the surviving spouse of the Veteran, and the Board dismissed the appeal.

The Veteran's right elbow disorder is remanded for a new examination to ensure proper evaluation and rating.

The Veteran's appeal has been dismissed as the appellant (Veteran's attorney) withdrew their representation in this case.

The Veteran's service did not meet the threshold requirements for VA pension benefits due to a lack of qualifying service. The Board denied the claim as the appellant did not have wartime service with discharge from a service-connected disability.

The Veteran requested to withdraw their appeal, so the case is dismissed.

The Veteran's claims for increased ratings for bilateral cold weather residuals and bilateral lower extremity peripheral arterial disease were denied as the evidence did not support a finding of more than the currently assigned disability ratings.

The appellant is not eligible for benefits for the month of his father's death as he is an adult son and not a child within VA regulations. The Veteran died in August 2014, and benefits were terminated effective July 30, 2014.

The appeal was dismissed due to the death of the appellant, and no service connection issues were decided.

The Board has decided that the Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 and service connection for the cause of death is remanded due to insufficient evidence.

The petition to reopen the claim of entitlement to service connection for cause of the Veteran’s death based on new and material evidence is denied.

The Veteran's cause of death was attributed to amyloidosis, myocardial interstitial fibrosis, and coronary atherosclerosis. The Board is remanding the case for further development regarding whether the Veteran served in Vietnam or within its territorial waters.

The Board has determined that the Veteran's ulcers began during active service and are related to his military service, granting service connection for ulcers.