Other conditions Board decisions

The Board has determined that additional development is necessary before the case can be decided on its merits, as the VA examinations and medical opinions provided were insufficient to address the etiology of the Veteran's claimed conditions.

The Board denied service connection for the cause of the Veteran's death, finding that his liver disease and failure to thrive were not related to service or a service-connected disability.

The Board has remanded the case due to the need for additional development, specifically obtaining SSA records related to the Veteran's disability benefits claim.

The Board denied the Veteran's claims for service connection for bilateral dry eye syndrome, presbyopia, and astigmatism. The Board found that there was no evidence of a current diagnosis of bilateral dry eye syndrome during the period on appeal and concluded that the preponderance of the evidence is against the Veteran's claim.

The Board is remanding the case to determine if the overpayment was created properly, including considering whether it was due to a sole administrative error.

The Board denied the Veteran's claim, finding that an overpayment of compensation benefits in the amount of $7,757.74 was validly created based on his receipt of drill pay during fiscal year 2017.

The Board has dismissed the appeal as there is no case or controversy for active consideration by the Board regarding the retroactive pay withholdings from July 1, 2010 to October 1, 2018.

The Veteran's appeal for service connection for chronic periodontitis with loss of teeth is denied as his current dental disability does not meet the criteria for VA compensation purposes.

The Board has granted the request for waiver of recovery of an overpayment of VA survivors pension benefits in the amount of $14,112.00 and has remanded the case to the Committee on Waivers and Compromises for further adjudication.

The Board denied service connection for dementia, SMC based on the need for regular aid and attendance, and restoration of competency. The Veteran's dementia was not found to be related to her military service.

The Veteran's SLE with Raynaud's disease was previously rated at 60 percent, and the RO reduced it to 40 percent. The Board has now restored the 60 percent rating effective December 1, 2019.

The Veteran's right elbow disability is currently rated at 10 percent for painful limitation of flexion, and a higher rating is denied.,A 10 percent rating is granted for painful limitation of supination due to muscle spasms, swelling, and flare-ups.

The Board has decided to remand the issue of waiver of overpayment, including the validity of the debt. The Veteran's May 2019 waiver request and a January 2018 audit from VA were not previously associated with the record.

The Veteran's overpayment of VA compensation benefits due to retroactive reduction of a dependent spouse is being remanded for further review. The Veteran claims that the debt was not valid and that it should be waived.

The Board has remanded the case due to missing DMC notices for debts of $19,118.97, $3,742.31, and $4,846.60. The Veteran should provide these notices.

The Board has dismissed the appeal of the waiver of indebtedness claim as moot due to the grant by the Committee on Waivers and Compromises.

The Board has granted a partial waiver of the recovery of an overpayment in VA compensation benefits, finding that while the Veteran is partially at fault for the debt, the elements of VA fault, partial defeat of the purpose of benefits, and partial financial hardship outweigh the elements not in his favor. The decision acknowledges that the Veteran should repay part of the debt.

The Board has decided that the request for a waiver of overpayment was timely, but has also determined there are procedural errors and needs to be remanded for further action.

The appeal is dismissed due to the death of the appellant, and no service connection issues remain.

The Board has remanded the Veteran's claims for service connection for a back condition and gastrointestinal disorder due to potential overlap with his joint and muscle pain claim. The Veteran is not shown to have a compensable dental disability, and his gastrointestinal complaints are being referred for further examination.