Other conditions decisions — 2020

The Veteran's overpayment of VA pension benefits was waived due to the fault of VA and the financial hardship it would cause, resulting in a waiver of $2,800.00.

The Veteran's claim for nonservice-connected pension benefits was denied because he failed to submit information regarding his income and assets, specifically the amount of distribution from an IRA account. The Board is unable to determine whether he meets the income-eligibility test for nonservice-connected pension benefits.

The Veteran's request for additional compensation based on K.F. as a dependent child was denied because the evidence did not include a formal adoption decree or adoptive placement agreement.

The Board denied the appellant's request for additional attorney fees based on past-due benefits awarded in a March 2016 rating decision, as corrected by a May 2019 decision. The appellant was entitled to 20% of the total past-due benefits awarded to the Veteran prior to military retired pay withholding.

The Board has decided that the RO did not properly adjudicate the issue of attorney fees as a result of past-due benefits awarded in the May 2017 rating decision and December 2018 decision. The case is being remanded to allow for proper analysis, documentation, and notification.

The Veteran's claim for an earlier effective date for the award of service connection for respiratory disabilities is denied. The Board found that there was no unadjudicated formal or informal claim prior to June 14, 2002.

The appeal was dismissed due to the appellant's death.

The Board has granted service connection for the Veteran's upper respiratory disorder, finding that it had its onset during his period of military service.

The Veteran's prostate condition, including BPH, elevated PSA, prostatitis, and HGPIN, was not shown to be related to his service or exposure to herbicide agents in Vietnam. Service connection for the prostate condition is denied.

The Board has remanded the case due to insufficient rationale in the previous VA medical opinion regarding whether the Veteran's hysterectomy is related to her service-connected right oophorectomy and fibroids.

The Board has remanded the cases for further development and opinion regarding service connection for right hallux valgus and an initial disability rating for osteoarthritis of the right knee.

The appeal was dismissed due to the death of the appellant.

The Board dismissed the appeal of entitlement to TDIU prior to September 29, 2016 as it was granted in an earlier decision and effectuated in a subsequent rating decision.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current respiratory disorder is related to his in-service exposure to Agent Orange and ammunition.

The Board has remanded the case due to inadequate causal link opinion regarding the Veteran's acquired psychiatric condition. The Veteran is requested to undergo a VA examination to determine if his current acquired psychological condition is at least as likely as not caused or aggravated by military service, including a bad jump he experienced in service.

The Board has remanded the case due to a lack of responsiveness in the February 2020 VA examination report, which did not address the Veteran's credible reports of in-service elbow injuries. The examiner must consider these reports and provide an opinion on whether it is at least as likely as not that the Veteran’s current elbow condition was incurred or aggravated by active duty.

The Board denied service connection for colon cancer and liver cancer, finding that the evidence did not support a link to active service or exposure to herbicide agents. The Board also found no secondary service connection for liver cancer due to colon cancer.

The Board has granted service connection for squamous cell carcinoma, finding that the Veteran's exposure to herbicide agents during his Vietnam service is related to his current cancer.

The Veteran's left and right foot conditions, specifically heel spurs with enthesophytes, were rated at 20 percent prior to June 28, 2019, and in excess of 20 percent thereafter. The Board denied the claims for increased ratings.

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's marginal cell lymphoma (claimed as stomach cancer) and exposure during service.