Other conditions decisions — 2020

The Veteran's additional left eye disability, including reduced vision and blindness, is denied as it was not caused by VA carelessness or negligence.

The Board has denied the Veteran's claims for service connection for left eye disability and residuals of right eye injury, finding that there is no evidence linking these conditions to his military service.

The Board denied the Veteran's claim for service connection of a right lung disability, finding that there was no causal relationship between his current condition and his military service.

The Veteran's right forearm disability is currently rated at 10 percent from January 24, 2010 to April 23, 2018. The Board denied an initial rating in excess of 10 percent for the right forearm disability throughout the appeal period.

The Board has remanded the case due to missing documentation related to the clothing allowance claim. The AOJ needs to reconstruct and upload all relevant records to the electronic claims file.

The Board has granted service connection for a prostate disorder but denied service connection for a bladder disorder.

The Board dismissed the appeal because the appellant died during the pendency of the appeal and has no jurisdiction to adjudicate the merits.

The Board has denied service connection for right and left eye disorders due to lack of evidence linking the conditions to service. The claims for low back, right lower extremity, and left lower extremity disorders are remanded for further development.

The Veteran had due and unpaid accrued retroactive benefits, in the amount of $34,990, at the time of his death. The appellant is not eligible for additional accrued benefits beyond the $4,834.47 already awarded because she is an adult child who does not meet the definition of a 'child' for accrued benefits purposes.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 because her left eye blindness was not caused by VA care, but rather due to her own non-compliance with medical instructions.

The VA cannot locate the Veteran's medical expense reimbursement claim file and needs to reconstruct it before making a decision.

The Board has determined that there is a need to obtain an addendum VA medical opinion regarding the etiology of the Veteran's right leg disability, specifically whether it is related to his in-service fibula fracture.

The Board denied the Veteran's challenges to the propriety of the creation of an overpayment and the validity of its amount, finding that the Veteran did not establish a sole administrative error on VA's part.

The Board denied a rating in excess of 10 percent for the Veteran's unstable maxilla scar, finding that there was no evidence of three or more scars that were painful or unstable. The Veteran is separately rated for left pharyngeal rotation flap surgery to the maxilla associated with residuals of dental treatment and paralysis of soft palate with swallowing difficulty.

The Board denied the appellant's claim for survivor pension with aid and attendance benefits due to her failure to submit requested information regarding her income and assets, preventing the determination of whether she meets the income-eligibility test.

The Board denied a waiver request for overpayment of Post 9/11 GI Bill (Chapter 33) benefits in the amounts of $500.00 for books and supplies and $1,806.93 for housing benefits due to fault on the part of the Veteran.

The Veteran's application for nonservice-connected pension benefits was denied because he was incarcerated during the appeal period, which precludes payment of such benefits.

The Veteran's service does not qualify for nonservice-connected disability pension benefits as he did not serve during a period of war. His claim is denied.

The Board denied the Veteran's claim for an earlier effective date of March 25, 2017 for his grant of a total rating for individual unemployability (TDIU) because it was not factually ascertainable that his service-connected disabilities increased in severity so as to be productive of unemployability during the one-year period prior to his claim.

The Veteran's appeal for additional VA dependency benefits due to his stepchild N.'s school attendance from the date of his 18th birthday until May 9, 2014 was denied as he did not submit a timely executed VA Form 21-674 reflecting this information.