Other conditions Board decisions

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.

The Board found that the removal of D.E.H. from the Veteran's compensation award, effective February 1, 2000, was proper and resulted in an overpayment debt.

The Veteran's appeal is remanded due to incomplete records preventing the Board from determining the pre-tax and post-tax amounts of his military severance pay, as well as the exact amount of deductions executed from his VA benefits. The Veteran will be provided with a table detailing these calculations.

The Board dismissed the appeal as the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits was made timely and waived by the AOJ.

The Veteran's cause of death was esophageal cancer, but the Board found no evidence to support service connection for this condition. The esophageal cancer is not listed as a presumptive disease associated with herbicide exposure in Vietnam.

The Board denied the Veteran's claim for service connection for a dental injury to his face and mouth, finding that there is no current diagnosis or treatment related to this condition.

The Veteran's appeal for a higher disability rating for service-connected costochondritis, from April 4, 2015, has been dismissed as the issue was previously adjudicated by the Board in September 2019 and is now final.

The Board has granted the Veteran's request for a waiver of overpayment debt, finding that his application was timely filed due to VA's failure to provide proper notice regarding the time limit to file a waiver. The appeal is remanded for an audit of the overpayment amount and for the COWC to adjudicate the issue on its merits.

The Board dismissed the issue as the Veteran's spouse, E., was restored to his VA disability compensation award.

The Board has remanded the case due to additional development being necessary, including a new VA examination for the service-connected hernia disability.