Other conditions Board decisions

The Board denied the Veteran's claim for an earlier effective date for the award of service connection for Waldenstrom's macroglobulinemia (Non-Hodgkin's lymphoma) based on CUE, as the June 2017 rating decision was not clearly and unmistakably erroneous. The effective date granted in March 14, 2017, is the earliest allowed by law due to a change in VA regulations.

The Veteran's death benefits are set at $1,340.14 per month for a spouse who is rated as totally disabled and married to the veteran for at least eight years prior to his death. The appellant is not entitled to an increase in her DIC payment.

The Veteran's countable income did not exceed the applicable maximum annual pension rate (MAPR) for a surviving spouse at the aid and attendance rate, thus allowing them to receive death pension with special monthly pension.

The Veteran's claim for a compensable evaluation for her service-connected vasovagal syncope is granted, with a rating of 10 percent.

The Board dismissed the appeal due to the appellant's death during the pendency of the case.

The Board denied an earlier effective date for the grant of service connection for Amyotrophic Lateral Sclerosis (ALS) because the claim was received more than a year after separation from service, and no informal claim existed prior to March 2015.

The Board has granted service connection for chronic myelomonocytic leukemia (CMML) due to exposure to herbicide agents during active duty in Thailand, finding that the evidence is at least in equipoise as to whether the Veteran had duty assignments near the base perimeter and was exposed to herbicide agents. The medical opinions support a direct link between the Veteran's in-service exposure to herbicide agents and his diagnosis of CMML.

The Board has identified errors in the initial decision and requires further development to accurately calculate the Veteran's income and net worth for special monthly pension (SMP) with aid and attendance.

The Board denied a waiver of recovery for an overpayment in the amount of $41,983.21 due to the Veteran's incarceration and failure to inform VA of his status.

The Board dismissed the appeal of the calculation of attorney's fees as requested by the appellant's attorney.

The Board denied service connection for endometriosis, right ovarian cyst, and bilateral hallux abducto valgus due to lack of evidence showing current disability related to these conditions.,For endometriosis, the Veteran's symptoms resolved with a hysterectomy in 2005. For right ovarian cyst, there was no residual after ultrasound findings in 2001 and subsequent ultrasounds indicating resolution. For bilateral hallux abducto valgus, current disability is established but not related to service.

The Board dismissed the appeal because the appellant withdrew it before a decision was made.

The Board denied service connection for pancreatic insulinoma and metastatic liver cancer as due to exposure to ionizing radiation, finding that the preponderance of evidence is against the claim.

The Veteran died in his residence and was not receiving any VA compensation or pension benefits at the time of death. The claim for burial benefits is denied as there is no legal basis to award such benefits.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $72,096.00 due to fault on her part and because waiving recovery would defeat the purpose of the benefit.

The Board has ordered the VA to verify specific dates of active duty service, including any periods of ACDUTRA and INACDUTRA during the appellant's period of service in the U.S. Army Reserve. The claim will be readjudicated after this development is completed.

The appellant's spouse is not eligible for interment in a VA national cemetery because the appellant did not have active military service and no disease or injury incurred during his ACDUTRA period was found to be service-connected.

The Board has denied the Veteran's claims for service connection for right and left hand disabilities, finding that there is no current diagnosis of a disability in either hand and noting that the Veteran's reported pain does not constitute a compensable disability.

The Board has denied a disability rating in excess of 20 percent for limitation of flexion of the right thigh and has remanded the claim for TDIU.

The Board has granted service connection for scoliosis and lower back pain, finding that the Veteran's preexisting conditions were aggravated by his service-connected right ankle disorder. The decision is based on evidence in equipoise as to whether the current back disorders were aggravated by the service-connected right foot and ankle disorders.