Other conditions Board decisions

The Board denied the Veteran's request to waive recovery of an overpayment of $8639, finding that the fault on his part outweighed any factors supporting a waiver and that he would be unjustly enriched if the debt was waived.

The Veteran's child, O., was removed from his VA compensation benefits on her 18th birthday due to ineligibility for additional dependency benefits. The Veteran did not provide evidence of continued school attendance within one year after turning 18 until August 2019, which is too late.

The Veteran's application for Post-9/11 GI Bill educational assistance benefits was denied because his period of eligibility had expired before he applied, and no extension of the 15-year delimiting date was granted due to lack of applicable circumstances.

The Veteran's appeal is remanded due to incomplete record and procedural errors, including the unavailability of his October 2019 waiver request package. The AOJ must ensure completeness of the record and readjudicate the validity of the debt and the propriety of the waiver.

The Veteran's appeal for a waiver of overpayment in educational assistance benefits was dismissed as the debt had already been waived by the Committee on Waivers and Compromises.

The Board has remanded the claims for service connection for Female Sexual Arousal Disorder (FSAD) and sleep apnea as secondary to the Veteran's service-connected conditions due to insufficient evidence in some areas.

The Board dismissed the appeal because the appellant did not file a timely Notice of Disagreement (NOD) within 60 days after receiving the July 2019 apportionment decision, and thus lacked jurisdiction to consider the merits.

The Veteran withdrew his appeal for entitlement to total disability rating based on individual unemployability due to service-connected disabilities (TDIU) before the Board could make a decision.

The Veteran's overpayment claim is being remanded due to the need for clarification on his drill pay days in fiscal year 2018.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The appeal concerning payment of costs of non-VA treatment from October 22, 2019 to October 24, 2019 is dismissed as the benefit sought has been granted.

The Board has decided that the Veteran's claim for payment or reimbursement of medical services received at SSM Health Medical Group on July 19, 2019 cannot be decided without additional information and records. The decision is remanded to allow VA to obtain the necessary documents.

The Board denied the Veteran's request for waiver of an overpayment of VA compensation benefits, finding that recovery would not be against principles of equity and good conscience due to financial hardship.

The Veteran's daughter is denied recognition as a surviving child for DIC benefits and basic eligibility for accrued benefits due to her age over 23 at the time of her father's death.

The Board has denied the Veteran's claim for service connection for right testicle trauma as there is no evidence of an in-service injury or event related to this condition.

The Board denied the veteran's request for a waiver of overpayment of VA Survivors Pension benefits, finding that there was no evidence demonstrating fraud or misrepresentation on her part and that she was primarily at fault in creating the debt. The decision also noted that recovery would not defeat the purpose of the benefit as the veteran is no longer entitled to receive the pension due to her increased income.

The Board has determined that the Veteran's cholangiocarcinoma is related to his in-service exposure to herbicide agents, and thus service connection for this condition is granted.

The Veteran's claim for service connection for colon cancer is denied because he does not have a current diagnosis of the condition.

The Board has decided to remand the case due to a duty to assist error, and requires further examination for service connection of diverticulosis.

The Board denied the Veteran's claim for service connection for basal cell carcinoma (BCC) involving areas other than his right arm, finding that there was no evidence to support a link between his current BCC and his in-service exposure or injury.