Other conditions decisions — 2020

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's claim for service connection for multiple myeloma was granted with an effective date of January 9, 2014. The condition is considered to be directly related to his exposure to contaminated water at Camp Lejeune.

The Veteran's claim for an initial compensable rating for his left little finger disability is being remanded due to the need for a new VA examination to assess current severity.

The Board has decided to remand the case due to insufficient information regarding the Veteran's drill pay and VA compensation during fiscal years 2001, 2002, 2004, and 2008. The AOJ is instructed to obtain verification of the Veteran’s drill days and pay, conduct an audit of her VA compensation account, and provide notification for a waiver of overpayment.

The Board has decided to remand the case due to errors in obtaining relevant medical records and a need for an updated opinion regarding the Veteran's claim of entitlement to compensation under 38 U.S.C. § 1151 for swelling of the brain.

The Veteran's claims for increased rating, service connection for eye condition, and residuals of a right elbow fracture are remanded due to insufficient evidence in the examination reports.

The Board has determined that the appellant's initial three-year period of service is not a bar to VA benefits, but his subsequent six years and extension are a bar to VA benefits due to a general court-martial conviction.

The appeal for a total disability rating based on individual employment (TDIU) is dismissed under the AMA system only.

The Board denied the claim for an earlier effective date for DIC benefits, finding that the Appellant's application was not received within one year of the Veteran's death and thus did not meet the requirements for an earlier effective date under VA regulations.

The Board has remanded the case due to insufficient documentation regarding whether the Veteran's admission to Trinity Care Center was at VA expense for nursing home care, which is required for reimbursement of transportation expenses.

The appellant requested withdrawal of the issue on appeal due to the Veteran's death, and the Board dismissed the appeal as a result.

The Board found that the Appellant's discharge from service for misconduct (drug abuse) constitutes a bar to VA benefits, as he was not insane at the time of his offense and did not receive an upgrade in his character of discharge.

The Veteran's appeal for a total disability rating due to service-connected disabilities was dismissed because the Veteran died during the pendency of the appeal.

The Veteran's malignant growths manifesting in the genitourinary system are not service-connected, as there is no evidence of a disease or injury incurred during service and the claimant was not exposed to herbicide agents while stationed near the Korea DMZ. The Board found that the current condition is not related to service.

The Board has remanded the Veteran's claims for service connection due to pre-decisional duty to assist errors, including failure to provide opinions on whether his foot disabilities were aggravated by service or caused by other conditions.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services on April 27, 2017 to April 30, 2017 is remanded due to the lack of relevant medical records. The AOJ needs to obtain and associate these documents with the claims file.

The Veteran's waiver request for overpayment of Dependents' Education Assistance (DEA) benefits was denied because the creation of the debt resulted from his failure to provide verification of his dependent's school enrollment, and recovery would not result in undue financial hardship.

The Board denied the Veteran's claim for an earlier effective date for his nonservice-connected and special monthly pension based on the need for aid and attendance, finding that he was not entitled to such a retroactive payment due to lack of evidence meeting the new eligibility criteria established by the Veterans Education and Benefits Expansion Act of 2001.

The Board has decided to remand the case due to outstanding medical records and requests for additional evidence from private practitioners.

The Veteran died in July 2018 and the appellant was granted a divorce from him. As they were divorced at the time of his death, she is not considered his surviving spouse for VA benefits.