Other conditions Board decisions

The Veteran's surviving spouse was granted a special monthly pension of $335 per month from September 18, 2015 to July 1, 2016 due to the submission of new and material evidence regarding his entitlement to a higher special monthly pension.

The Veteran's claims for a compensable rating for uterine fibroids and TDIU due to service-connected disabilities are remanded due to duty-to-assist errors.

The Veteran's adult child is not eligible for DIC, accrued benefits, or a death pension due to the child being over 18 years old at the time of her father's death and having no evidence of incapacity before age 18. The claims are denied.

The Veteran requested to withdraw his appeal regarding the propriety of recoupment of separation pay from VA compensation benefits. The Board dismissed the appeal as a result.

The Board has remanded the cases of the Veteran's left inferior orbit injury and insomnia disorder due to a lack of recent medical examinations, which could affect their ratings.

The Board has granted service connection for squamous cell carcinoma of the base of tongue, finding that it is more likely than not related to exposure to toxins at Camp LeJeune during active duty.

The Board has determined that the Appellant's countable income from December 1, 2019 is $3,833. The RO incorrectly calculated her countable income as $4,433 and this error must be corrected.

The Board has restored the previously assigned 100% rating for right and left leg lymphedema, which was reduced from a single 100% rating to separate 20% ratings. The Veteran also received restoration of special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s).

The Veteran's wife is appealing for a higher level of SMC, specifically R-2, which was granted at the rate of R-1 effective October 30, 2014. The appeal is about the appropriate effective date and the level of care needed.

The Board has remanded the case due to insufficient evidence regarding the Veteran's heart disorders, including whether they are related to service and exposure to herbicides. A VA examination is required.

The Board has decided to remand the Veteran's claims for increased ratings for chronic nephritis and arteriosclerotic cerebrovascular disease due to outstanding medical records not having been obtained. The TDIU claim is also being remanded as it may be affected by these issues.

The Veteran's overpayment of VA pension benefits was waived due to the fault of VA and the financial hardship it would cause, resulting in a waiver of $2,800.00.

The Veteran's claim for nonservice-connected pension benefits was denied because he failed to submit information regarding his income and assets, specifically the amount of distribution from an IRA account. The Board is unable to determine whether he meets the income-eligibility test for nonservice-connected pension benefits.

The Veteran's request for additional compensation based on K.F. as a dependent child was denied because the evidence did not include a formal adoption decree or adoptive placement agreement.

The Board denied the appellant's request for additional attorney fees based on past-due benefits awarded in a March 2016 rating decision, as corrected by a May 2019 decision. The appellant was entitled to 20% of the total past-due benefits awarded to the Veteran prior to military retired pay withholding.

The Board has decided that the RO did not properly adjudicate the issue of attorney fees as a result of past-due benefits awarded in the May 2017 rating decision and December 2018 decision. The case is being remanded to allow for proper analysis, documentation, and notification.

The Veteran's claim for an earlier effective date for the award of service connection for respiratory disabilities is denied. The Board found that there was no unadjudicated formal or informal claim prior to June 14, 2002.

The appeal was dismissed due to the appellant's death.

The Board has granted service connection for the Veteran's upper respiratory disorder, finding that it had its onset during his period of military service.

The Veteran's prostate condition, including BPH, elevated PSA, prostatitis, and HGPIN, was not shown to be related to his service or exposure to herbicide agents in Vietnam. Service connection for the prostate condition is denied.