Other conditions Board decisions

The Veteran's surviving spouse is not entitled to a payment date earlier than September 1, 2019 for the award of benefits for survivor’s pension with aid and attendance.

The Veteran's request for a waiver of overpayment of VA Retraining Assistance Program benefits was denied because it was not filed within the 180-day period allowed by law.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's claim for service connection for gastrointestinal disabilities, including a duodenal ulcer without obstruction and peptic ulcer disease, has been granted. The Board found new evidence relevant to the issue of presumptive service connection due to the presumption of sound condition.

The Veteran's AL amyloidosis is granted as service connected due to exposure to herbicides during active duty.

The Board denied the Veteran's request for a waiver of overpayment due to an error in processing his daughter's graduation from college, resulting in an overpayment. The decision found that the debt was validly created and that recovery would not be against equity and good conscience.

The Veteran's appeal for service connection for neck pain, secondary to TMJ and bruxism was erroneously docketed under the AMA system. The Board has dismissed this issue as it does not have jurisdiction over it.

The Board denied a separate rating for dislocated or removed semilunar cartilage of the right knee, finding that there were no symptoms of frequent episodes of locking, pain, and effusion into the joint.

The Appellant's aid and attendance award was incorrectly processed as a 'surviving spouse benefit' instead of her own right. The Board finds this error has the potential to substantiate her claim.

The Board denied the Veteran's claim for service connection for a right leg disability, including right hamstring injury and right hip strain, finding that there was no evidence of onset in or relation to service.

The Board denied service connection for the Veteran's claimed conditions, including bilateral mandibular sagittal osteotomy, anosmia, ageusia, sinus problems, nasal allergies, and dysfunction of salivary and lacrimal glands (claimed as Sjögren’s syndrome), finding that there was no evidence linking these conditions to his in-service jaw surgery.

The Board has determined that the Veteran's February 2018 submission does not meet the criteria for an effective complete withdrawal of his appeal. The issues on appeal include a temporary total rating for right leg status post TKA and entitlement to a minimum rating of at least 30 percent for right leg status post TKA from October 1, 2016 to September 5, 2017. The Board has also determined that remand is necessary to provide the Veteran with an adequate examination and to fully develop his claim.

The Board has decided to remand the case due to insufficient medical opinion regarding the Veteran's infertility claim, specifically whether it is related to service-connected PTSD.

The Board has remanded the case due to the need for an A&A examination, as scheduling was not done as per the previous directives. The appellant's claim for special monthly pension (SMP) by reason of need for aid and attendance or being housebound is still pending.

The Board has remanded the case due to incomplete information regarding the Veteran's Sjogren’s syndrome and its relationship to his service-connected fibromyalgia. The VA must obtain additional medical opinions to clarify these issues.

The Veteran's appeal for higher disability evaluations for his unspecified depressive/dysthymic disorder and cervical spine DJD was denied. The Veteran also had a successful TDIU claim from July 11, 2008.

The Board has decided that the medical expenses claim cannot be processed due to missing records and has ordered the AOJ to reconstruct the record and upload all documentation related to the appeal.

The Board denied the application to reopen the claim of entitlement to VA benefits without a bar based on character of service, finding that the decedent's character of discharge is still a bar to VA benefits.

The Board has remanded the claims for bilateral hallux valgus and left foot hallux rigidus due to insufficient medical opinions regarding service connection.

The Board has granted a waiver of recovery for an overpayment in the amount of $6,228.00 due to pension benefits being terminated retroactively because the Veteran's income exceeded the maximum annual pension rate (MAPR). The decision also considers financial hardship and concludes that recovery would cause undue hardship.