Other conditions decisions — 2022

The Board granted retroactive recognition of C.A. and J.A. as dependent children based on school attendance from ages 18 to 23, effective dates were determined based on the Veteran's continuous pursuit of his claims.

The Veteran's surviving spouse was not entitled at the time of her death to any periodic monthly benefits under an existing rating or decision, which were due and unpaid at the time of her death. Therefore, accrued benefits are denied.

The Board found that the overpayment of education benefits in the amount of $11,366.14 was due to sole VA administrative error and granted the appeal.

The Board has determined that the VA medical opinion provided does not fully address the Veteran's neurogenic bowel condition and its relationship to his service-connected spondylosis. Therefore, the case is being remanded for further development.

The Board denied service connection for dysmenorrhea and infertility, finding no evidence of a diagnosed condition or functional impairment without an underlying diagnosis.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's claimed numbness and tingling in her bilateral feet, which may be related to a non-service-connected back disability.

The Board denied the appellant's claim for VA benefits due to his discharge from military service under other than honorable conditions, finding that it was based on willful and persistent misconduct.

The Veteran's claim for service connection for a respiratory condition, claimed as due to asbestos exposure, is being remanded for further development. The case will be reviewed after obtaining verification of any in-service asbestos exposure and after a VA examination.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his right shoulder condition, and for obtaining any outstanding private medical records. The issue of entitlement to TDIU is also on appeal.

The Board has denied the Veteran's claims for a rating in excess of 40 percent for DVT of both lower extremities, finding that her symptoms do not meet or approximate the criteria for a higher disability rating under DC 7121.

The Veteran's service in the Vermont Army National Guard from March 16, 2009 to January 6, 2010 was found to qualify as active duty for purposes of Post-9/11 GI Bill benefits, resulting in a benefit level of 100 percent.

The Veteran's spouse was added as his dependent to his VA disability compensation award on February 24, 2016. The Board denied a request for an earlier effective date.

The Board denied an apportionment of the Veteran's VA pension benefits for the Appellant and her child, T.H., due to financial hardship not being present and causing undue hardship on the Veteran.

The Board has remanded the case for an addendum opinion regarding the etiology of the Veteran's inflammatory bowel disease, ulcerative colitis, and Crohn's disease. The examiner is asked to provide opinions on whether these conditions are proximately caused or aggravated by service-connected PTSD.

The Board found that the overpayment of VA compensation benefits was due to sole VA administrative error and thus, the debt is invalid. The appeal is granted.

The Veteran's request for a waiver of overpayment of VA compensation benefits was granted, but the appeal is now remanded to the RO for further action due to the death of the Veteran.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling an appropriate VA examination to assess the current nature and severity of the Veteran's service-connected first degree AV block with pacemaker. The TDIU claim is also inextricably intertwined with the heart disability claim.

The Board found that the reduction in compensation benefits to 10% effective March 4, 2012 was proper due to incarceration for a felony conviction. The appeal regarding the validity of this debt is denied.

The Board has dismissed the appeal because the Appellant died during the pendency of the appeal, and therefore, the Board does not have jurisdiction to adjudicate the merits of this appeal.

The Board has decided to remand the claim of service connection for a left fifth finger disorder due to insufficient evidence regarding its onset and relationship to service. A VA examination is required.