Other conditions Board decisions

The Veteran requested to withdraw his appeal for service connection of malignant lymphoma, and the Board has dismissed it.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to chemicals and causation of his non-Hodgkin’s lymphoma. A medical opinion is needed from a hematologist-oncologist.

The Veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment, thus his claim for total disability rating based on individual unemployability (TDIU) was denied.

The Veteran's spouse S. was added to his VA disability compensation award on November 15, 2018 with payment beginning December 1, 2018. The appeal for an earlier effective date is denied.

The Veteran's request for a waiver of overpayment of $117.14 was denied because the debt was validly created and there was no indication of fraud, misrepresentation or bad faith on his part. The Board found that he was solely at fault in receiving duplicate payments.

The Veteran's appeal for a total disability rating based on individual employability (TDIU) due to service-connected disabilities is being remanded due to incomplete information and the need to obtain Social Security Administration records.

The Veteran's dysthymic disorder with anxious distress is rated at 50 percent since October 9, 2012.

The Board found that the Veteran's discharge was not due to willful and persistent misconduct, thus his character of discharge does not bar him from VA benefits.

The Board has reopened the claim of service connection for the cause of the Veteran's death due to new and material evidence submitted by the appellant. The Board also ordered a remand for an addendum opinion regarding whether prostate cancer contributed substantially or materially to the cause of death.

The Board denied service connection for squamous cell carcinoma of the right ventral tongue, finding that it is not related to military service or herbicide exposure.

The Board has decided to remand the case due to inadequate examination and opinion regarding the etiology of the Veteran's athlete’s foot. The examiner did not consider the Veteran's lay statements or his ongoing intermittent treatment.

The Veteran's overpayment of VA compensation benefits in the amount of $10,249.16 is being remanded due to a recent change in her financial status as indicated by her bankruptcy filing and current control of her funds.

The Board denied the Appellant's request for more than 22 months and 13 days of educational assistance benefits under the Post-9/11 GI Bill, as his combined VA education benefits are limited by law to 48 months. The decision is based on the limitation imposed by statute and regulation.

The Board denied an initial disability evaluation in excess of 30 percent for the Veteran's psychiatric disability, finding that his symptoms more closely approximated a 30 percent rating.

The Board has identified a pre-decisional duty to assist error and thus, the case is being remanded for further evaluation of the Veteran's net worth.

The Board denied the Veteran's claims for service connection for left and right lower extremity swelling, finding no current disability related to his military service.

The Veteran's appeal of the effective date prior to April 12, 2013 for TDIU and DEA benefits is granted. The appeals are dismissed due to concurrent jurisdictional issues.

The Board has decided that the Veteran's Vocational Rehabilitation and Employment benefits should be reviewed again due to incomplete file. The case is being sent back for the RO to upload the complete VRE paper claims file into the electronic file.

The Board found that the removal of J.M.P. from the Veteran's award as a dependent spouse effective March 1, 2020 was proper based on information provided by the Veteran regarding his marital status.

The Board has granted a waiver of recovery for the overpayment of $4,610.71 due to failure to notify VA of divorce from spouse.