Other conditions Board decisions

The Board has decided to remand the case due to missing service treatment records and an addendum VA opinion is needed to determine if the Veteran's psychiatric disorders are related to his active duty service.

The Veteran's overpayment of $6,562.62 was created due to his failure to notify VA about his divorce from his spouse in June 2013. The Board found that recovery would not be against equity and good conscience as the Veteran had sufficient income to cover expenses.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's current eye disability is related to his service, including exposure to bright lights from explosions and weapons fire.

The Veteran's appeal for a total disability based on individual unemployability (TDIU) due to service-connected disabilities has been dismissed because the Veteran died during the pendency of the appeal.

The Board denied the Veteran's appeal regarding the validity of an overpayment created due to her remarriage and divorce, determining that the effective date for dependency benefits was correctly assigned.

The Veteran's request for a waiver of overpayment of VA compensation benefits was denied because the fault in creating the debt lies with the Veteran, not VA. The financial hardship is not sufficient to warrant a waiver and recovery would not defeat the purpose for which the benefit was intended.

The Board has granted an effective date of October 31, 2018 for the A&A allowance for the appellant. This is the earliest possible effective date under VA regulations.

The Board denied the Veteran's claim for service connection for an adjustment disorder, finding that there was clear and unmistakable evidence showing the condition preexisted service and was not aggravated by military service.

The Veteran's appeal for reducing his Harry cell leukemia rating from 100% to 30% was dismissed due to the Veteran's death.

The Veteran's claim for service connection for substance abuse disorder as secondary to PTSD is granted, and the issue of whether there was clear and unmistakable error (CUE) in a September 2017 rating decision that denied this claim is also remanded.

The Board denied the Veteran's claim of service connection for a gastrointestinal disability, finding that there was no evidence of a current diagnosed condition and concluding that her symptoms were not related to active service.

The Board denied the Veteran's waiver of recovery for an overpayment of $670.55 in Chapter 33 educational benefits due to fault on his part and found that repayment would not create undue hardship or defeat the purpose of the benefit.

The Veteran withdrew his appeal for entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU). The Board dismissed the case as a result.

The Board has determined that there is a duty to assist error prior to the July 2019 rating decision and remands the case for further development.

The Veteran's cause of death, metastatic adenocarcinoma of the lung, is determined to be related to his in-service exposure to radiation. The Board granted service connection for the cause of the Veteran's death based on presumptive service connection due to radiation exposure.

The Board denied service connection for a liver disability, finding that the Veteran's current condition did not manifest during his service and is not related to herbicide exposure. The evidence does not support a direct link between the Veteran's in-service service and his current liver disability.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's breast cancer is related to her service at Camp Lejeune, where she was exposed to contaminated water. The VA will need to obtain medical opinions and possibly SSA records.

The Board denied a higher rating for the Veteran's left wrist conditions, finding that the evidence did not meet the criteria for an increased rating prior to June 11, 2019 and in excess of 40 percent from that date forward.

The Veteran's squamous cell carcinoma and related conditions have required regular aid and attendance since March 27, 2012. The Board granted an effective date of March 27, 2012 for the award of SMC based on need for regular aid and attendance.

The Veteran's claim of service connection for a skin disorder is remanded due to the need for a VA examination and additional development. The examiner should consider the Veteran's reported symptoms during service, his diagnosis in 1954, and Dr. R.'s opinion regarding chemical exposure.