Other conditions Board decisions

The Board has dismissed the issue of whether an overpayment of VA compensation benefits was properly created, as there is no longer a dispute regarding this matter.

The Veteran's claim for a waiver of overpayment was denied because the debt was valid and there was no indication of fraud, misrepresentation or bad faith. The Board found that recovery would not result in undue hardship.

The Veteran's heart condition, specifically stable angina and myocardial infarction/chest pains with tightness/incomplete right bundle branch block, was evaluated at a 30 percent disability rating since January 22, 2019. The Board found that the evidence did not meet the criteria for an increased disability rating.

The Board denied the Veteran's challenge to the overpayment, finding that VA did not improperly create the overpayment due to a sole administrative error. The Veteran was not entitled to the attorney’s fee and thus should have retained the amount.

The Board has restored the Veteran's competency for VA benefits purposes, finding that he is capable of managing his own financial affairs including disbursement of funds.

The Veteran's right shoulder disorder, diagnosed as partial tear distal supraspinatus, mild AC joint arthrosis with subacromial spurring, rotator cuff tendonitis, glenohumeral arthritis, and impingement syndrome, is at least as likely as not related to active service.

The Board has determined that the Veteran's left ankle disability, diagnosed as a left Achilles tendon rupture, was incurred during his period of INACDUTRA (inactive duty training) while on ordered physical training. The evidence supports this finding and service connection is granted.

The Veteran requested withdrawal of the appeal regarding attorney fees based on past-due benefits granted in a June 2019 rating decision, and the Board dismissed the appeal.

The Board denied the appellant's claim for DIC benefits as she was not legally married to the Veteran at the time of his death, thus failing to meet the criteria for a surviving spouse.

The Veteran's VA compensation benefits are denied for apportionment to the appellant due to financial hardship on his part, as an apportionment would cause undue hardship.

The Veteran's request for waiver of overpayment due to incarceration on April 25, 2014 was granted. The Board found that the Veteran did not receive proper notice regarding the time limit to file his application and thus deemed it timely filed.

The Board has remanded the case to the VA Director of Compensation Service for adjudication of a TDIU prior to March 9, 2011 under 38 C.F.R. § 4.16(b).

The Board has granted the Veteran's claim for service connection for a disability manifested by heart palpitations, diagnosed as left ventricular hypertrophy and hypokinesis. The condition is found to be due to her service-connected hypertension.

The Board has remanded the case due to missing documentation related to a clothing allowance claim. The AOJ needs to reconstruct and upload all relevant records.

The Veteran's service-connected T-cell lymphoma and palmar keratosis are not sufficiently disabling to prevent him from obtaining or maintaining a substantially gainful occupation, thus his claim for total disability rating based on individual unemployability is denied.

The Board has determined that the Veteran's recurrent nosebleeds are aggravated by treatment for his service-connected varicose veins, and thus grants service connection for this aggravation.

The Board denied reimbursement for unauthorized private medical expenses incurred in February and March 2010 for right eye cataracts treatment because the care was not rendered due to a medical emergency, and the underlying condition (right eye cataracts) was not caused or aggravated by a service-connected disability.

The Board has denied the Veteran's claim for service connection of a sleep disorder, finding that there is no evidence of a current disability and insufficient medical records to support his assertion.

The Board denied service connection for bilateral cataracts due to the lack of medical evidence showing the presence of a current disability at the time the claim was filed.

The Veteran's claim for a higher rating and extraschedular consideration for his service-connected left wrist disability is remanded due to the need for further development. The TDIU claim is also remanded.