Other conditions decisions — 2020

The Veteran's overpayment of VA additional compensation benefits was remanded due to a discrepancy in the amount owed after retroactive adjustments were made by the AOJ.

The Board denied the appellant's claims for VA survivors (death) pension from April 1, 2014 to March 1, 2018 and granted her claim for VA death pension starting from March 2, 2018.

The Veteran's appeal of the award of attorney fees to his former attorney, RJB, based on past-due benefits granted in a June 2020 rating decision is dismissed as all withheld monies have now been paid to the Veteran.

The Board denied the Veteran's claim for an initial compensable rating for left lower extremity deep vein thrombosis, finding that his disability did not meet or approximate the criteria for a 20 percent rating under Diagnostic Code 7114.

The Board denied the appellant's request for an earlier effective date for DIC benefits, stating that the claim was not received within one year of the Veteran's death. The effective date is set at April 25, 2018.

The Board denied the request for an earlier effective date for the grant of service connection for the cause of the Veteran's death, finding that the claim was not warranted and that the effective date should remain September 22, 2015.

The Board has remanded the case due to an inadequate VA examination regarding the etiology of the Veteran's esophageal cancer, which is presumed to be related to his exposure to Agent Orange during service.

The Board dismissed the appeal as the appellant is already receiving the maximum annual pension rate for a surviving spouse with no dependents at the aid and attendance rate.

The Board found that the overpayment of $31,558.32 was validly created due to a retroactive reduction in compensation benefits for the Veteran's incarceration period.

The Veteran's schizoaffective disorder is found to be related to service, and the claim for service connection is granted.

The Board denied service connection for chronic ear infection (otitis media) and eustachian tube dysfunction, finding no evidence of a nexus to active duty.

The Board has granted the attorney's request for additional fees related to past due benefits awarded in a January 2019 rating decision, which included TDIU and basic eligibility to Dependents' Educational Assistance (DEA).

The Board dismissed the appeal because a full waiver of overpayment for DEA benefits was already granted by the Committee on Waivers and Compromises, making the case moot.

The Board has decided to remand the case due to an issue regarding the creation of overpayment benefits, which must be addressed before considering the waiver request.

The Veteran's appeal was withdrawn by his attorney due to a resolution of the fee dispute, and thus the claim is dismissed.

The Veteran's skin disability, including basal cell carcinoma and actinic keratosis, is remanded for further examination. The Veteran's bilateral hearing loss from October 10, 2013 to November 19, 2019 and in excess of a 10 percent thereafter is also remanded.

The Board denied the Veteran's claim for a higher rating for his right hip disability, finding that it did not meet the criteria for a rating in excess of 20 percent.

The Veteran's left great toe disability is currently rated as 10 percent disabling under DC 5284. The Board has determined that the disability warrants a higher 20 percent rating based on moderate severe symptoms.

The Board has decided that the Veteran's claim for an effective date earlier than December 23, 1991 for the grant of total disability rating based on individual unemployability (TDIU) is remanded due to missing VA medical records and untranslated documents.

The Veteran's right eye pterygium has been granted a 10 percent rating, effective from the date of this decision. The initial noncompensable rating for bilateral hearing loss remains unchanged.