Other conditions Board decisions

The Board has determined that the August 2009 rating decision did not become final due to new and material evidence submitted in April 2010. The claims for service connection for club foot, left and right are being remanded for VBA to address the lay statements received in April 2010.

The Board denied the Veteran's appeal as his August 2018 Notice of Disagreement was not timely filed, based on the presumption of regularity in VA operations and lack of evidence supporting non-receipt of the December 2015 rating decision.

The Veteran's calcification of left and right leg tibial arteries with peripheral vascular disease and foot cramps was granted a 60 percent rating effective January 16, 2018.

The Board has decided that the appellant's appeal as to the creation of a debt due to overpayment of death pension aid and attendance benefits in the amount of $43,000 was timely filed. The issue is now remanded for further action.

The Veteran's appeal concerning the propriety of severance of special monthly compensation (SMC) based on housebound status due to clear and unmistakable error in a July 2009 rating decision is dismissed as moot because he received SMC at the housebound rate from December 18, 2009, to June 1, 2016, as a result of CUE and was not required to repay the overpayment.

The Veteran's appeal for waiver of recovery of overpayment of VA benefits was dismissed because he withdrew his request for a hearing and the full waiver had already been granted.

The Veteran's eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is remanded due to inadequate medical determination. The Board requires a new medical determination from the CEAT regarding personal care needs and supervision requirements.

The Board has remanded the case due to inadequate examination and missing medical records, specifically for osteopenia. A new VA examination is needed to determine if osteopenia is related to service-connected lumbar degenerative disc disease (DDD) and intervertebral disc syndrome (IVDS).

The Veteran's claims for service connection for a respiratory condition and an esophageal condition are remanded due to potential exposure to burn pits during his service in the Southwest Asia theater. The case is referred to VA for appropriate action regarding gastric adenocarcinoma.

The Veteran's Alzheimer's dementia was denied as not related to service or service-connected hearing loss.

The Veteran's daughter, who is over 23 years old and not deemed incapable of self-support prior to age 18, does not qualify for survivor's benefits as she did not meet the eligibility criteria.

The Board has denied the Veteran's claims for service connection for left eye condition with loss of vision and right eye condition with loss of vision. The claim for service connection for left shoulder disability is remanded due to a lack of VA examination.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's fractured spine disability is related to his in-service fall.

The Board has vacated its decision granting PCAFC benefits and remanded the case for further consideration under the correct eligibility criteria.

The Veteran's cause of death, hospital acquired pneumonia due to febrile neutropenia and multiple myeloma, is found to be service-connected based on exposure to herbicide agents during his service in Korea.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her failure to provide sufficient income and medical expense information, despite repeated requests from VA.

The Board has identified errors in the determination of income and expenses, which may affect the decision on waiver of recovery of overpayment. The case is being remanded to correct these issues.

The Veteran's bilateral eye disability, including pinguecula with inactive nontrachomatous conjunctivitis and pterygium eye surgery, is currently rated as noncompensable (zero percent) due to the absence of visual acuity impairment or other compensable criteria.

The Veteran's appeal for automobile or other conveyance and adaptive equipment has been dismissed as the authorized representative requested withdrawal of the appeal.

The Board has dismissed the appeals for service connection for club foot disabilities on the grounds of procedural defects in the AMA system.