Other conditions Board decisions

The Board has granted service connection for myelodysplastic syndrome (MDS) due to herbicide exposure, and restored DIC benefits based on the same.,The Veteran's MDS is presumed to be related to his service in Vietnam.

The Board denied service connection for essential tremors disorder as the evidence did not support a finding that it was incurred in or aggravated by active duty service.

The Board denied service connection for a skin disability and lung disability, both claimed as secondary to an oil spill during service. The claim for residuals of a back injury is being remanded.,There was no evidence linking the current skin or lung disabilities to service.

The Board has decided to remand the case due to insufficient evidence regarding the severity of the Veteran's service-connected respiratory disabilities, specifically status post-surgery spontaneous pneumarthrosis and small airways disease. A new VA examination is required to determine these issues.

The Board denied the Veteran's request for a waiver of overpayment of VA compensation benefits due to FY 2017 and FY 2018, finding that recovery would not be against equity and good conscience.

The Veteran's appeal for an earlier effective date for additional dependency compensation is denied as the latest possible effective date is July 24, 2019, when VA received his request to add dependents. The claim must be denied due to lack of legal merit.

The Board has granted the Veteran's claim for service connection for supraventricular arrhythmia as secondary to his service-connected Parkinson’s disease, finding that there is an approximate balance of positive and negative evidence in favor of this determination.

Service connection for hematuria and a malignant neoplasm of the genitourinary system is granted.,An initial disability rating in excess of 20 percent for lumbosacral strain is denied.

The Board denied the appellant's claim for survivor’s pension benefits due to her net worth exceeding the VA pension net worth limitations effective December 1, 2018 and December 1, 2019. The assets in an irrevocable living trust were considered as part of her net worth, preventing her from receiving pension benefits.

The Board has granted service connection for duodenal ulcer (ulcer) on the basis that it was aggravated during active duty, and not due to a pre-existing condition.

The Board has determined that the overpayment of VA compensation benefits was not properly created due to administrative error on the part of the AOJ, and thus the appeal is granted.

The Veteran and the appellant were legally divorced, and there is no evidence of an attempted remarriage. The Board denies recognition as the surviving spouse for VA death pension and accrued benefits purposes.

The Board has remanded the case due to a duty to assist error, requiring a VA examination to determine the nature and etiology of any jaw disorder that may be present. The Veteran is presumed to have been in sound condition with respect to his jaw when he entered service.

The Veteran's daughter filed a claim for accrued benefits, but the appeal is denied as there are no unpaid VA benefits due to her at the time of the Veteran's death.

The Board has granted service connection for esophageal adenocarcinoma, finding that the Veteran's time in active service is etiologically related to his condition.

The Veteran's cause of death was respiratory failure due to heart failure and pneumonia, which were not service-connected.,The appellant did not meet the requirements for Dependency and Indemnity Compensation under 38 U.S.C. § 1318 as her spouse.

The Board dismissed the appeal because the appellant did not file a timely Notice of Disagreement (NOD) within 60 days after receiving the August 2019 apportionment decision.

The Veteran's claim for an earlier effective date for dependency benefits based on his child's school attendance is denied as there was no valid claim filed within the one-year period.

The Veteran's claim for service connection for athlete's foot is granted, and his claim for service connection for tinnitus remains pending.

The Board denied the claim for nonservice-connected death pension benefits because the veteran's spouse did not qualify as a 'veteran' due to lack of service connection for any disability during their periods of active duty, inactive duty training, or ACDUTRA.