Other conditions Board decisions

The Board has not received all of the Veteran's service treatment records, specifically those related to a fall injury in 1966. The case is being remanded again for further development.

The Board has determined that the overpayment of VA compensation benefits for dependents was not properly created due to VA's failure to notify the Veteran of his divorce and remarriage, resulting in an overpayment. The appeal is granted.

The Board denied the Veteran's claim for service connection for fluid seepage, dampness, wetness, and oozing from both ears (bilateral ear condition) as there was no evidence to support a nexus between his current bilateral ear condition and his military service.

The Veteran's claim for service connection for ulcerative colitis, as secondary to PTSD, has been granted. The Board found that the Veteran's ulcerative colitis was aggravated by his service-connected PTSD.

The Veteran's throat cancer was not incurred or aggravated during active duty, and its incurrence or aggravation during active duty may not be presumed. The Board denied service connection for the throat cancer.

The Board denied service connection for myelodysplastic syndrome, finding that the condition was not incurred in or related to service and did not develop within a year of separation.

The Veteran's blindness of the left eye following cataract surgery is denied as there was no negligence by VA in providing care, and the blindness resulted from a ruptured capsule during the procedure.

The Board has determined that the reduction in VA disability compensation for concurrent receipt of active service drill pay was proper, but the correct amount is $5,366.05 and not the originally proposed amount.

The Veteran's claim for special monthly compensation based on aid and attendance/housebound was denied because she failed to appear for a scheduled VA examination without providing good cause.

The Board has remanded the case due to an issue regarding the proper creation of the overpayment.

The Veteran's right-boxer knuckles have been rated at 40 percent since July 29, 2015. The VA examiner found favorable ankylosis in the proximal interphalangeal joints of the right-index, long, ring, and little fingers, but no unfavorable ankylosis or loss of use of the hand.

The Board has remanded the case due to insufficient evidence and need for a new VA medical opinion. The Veteran's left lower extremity disability is being reviewed again.

The Veteran is seeking service connection for CRVO of the right eye, which he claims was caused by exposure to mustard gas during training. The Board finds a pre-decisional duty to assist error and orders further development including checking the Department of Defense and VA Chemical Biological Warfare Exposure System database.

The Board has decided to remand the case for further consideration of whether the appellant meets the criteria for a survivor’s pension, considering her income and net worth, offset by her unreimbursed medical expenses, without factoring in the irrevocable trusts or assets held therein.

The Veteran's mother and custodian, the appellant, is seeking an effective date prior to April 1, 2018, for the award of an apportionment of the Veteran's VA compensation benefits. The Board has decided that due process errors occurred during her claim process and a remand is needed to ensure she received necessary pre-decisional duty-to-assist correspondence.

The Veteran's compensation benefits were reduced due to incarceration for a felony conviction. The Board found the creation of the overpayment was valid, but denied the waiver request as recovery would not be against equity and good conscience.

The Veteran's appeal for an earlier effective date for the addition of her spouse L.C. as a dependent spouse to her award is denied, and the issue of entitlement to dependent pay for L.C. beyond September 25, 2036 is dismissed as moot.

The Board dismissed the appeal regarding the proper creation of a debt in the amount of $14,779.28 due to retroactive reduction in compensation on the 61st day of incarceration after felony conviction.

The Veteran's surviving spouse is seeking VA survivor’s pension benefits, but her income exceeds the maximum annual pension rate. Therefore, her claim for these benefits has been denied.

The appeal for special monthly pension based on the need for regular aid and attendance has been dismissed as there is no case or controversy with respect to the appellant's entitlement.