Other conditions Board decisions

The Board has remanded the case due to insufficient development regarding the etiology of the Veteran's strokes and their connection to service, specifically exposure to herbicide agents. The Veteran is presumed exposed to herbicide agents but his gene mutation causing stroke is not known to be related to such exposure.

The Board has already granted an earlier effective date for DEA benefits, so the appeal is dismissed as moot.

The overpayment of VA pension benefits for the period from September 2007 through January 8, 2008 and August 7, 2008 through October 31, 2008 was properly created. However, the debt calculated as $6,454.93 from January 9, 2008 through August 6, 2008 was not properly created.

The Board has granted service connection for basal cell carcinoma and actinic keratosis. Service connection for fatigue is remanded.

The Veteran withdrew their appeal before the Board could make a decision, so the case is dismissed.

The Board granted the appellant's request to waive a $941.38 late fee, finding that it was against equity and good conscience due to her appeal of the overpayment decision.

The Veteran's claim for an apportionment of his VA compensation benefits during his period of incarceration is denied because he has not been convicted of a felony and therefore does not meet the criteria for an apportionment.

The Board has remanded the case due to unclear information about the Veteran's Social Security benefits, which may affect his pension eligibility.

The Veteran's fibrocystic breast disease and breast cancer were granted service connection as they are considered direct service-connected disabilities, not related to exposure to ionizing radiation or other presumptive conditions.

The Board has remanded the claims for service connection for residuals of cold weather injury to both feet due to insufficient consideration of relevant STRs and VA examination.

The Board has remanded the claim for a waiver of overpayment of educational benefits due to an incomplete Financial Status Report (FSR). The Veteran must provide an updated FSR, and the Committee on Waiver and Compromises should review the record and reconsider the request.

The Board denied the Veteran's claim for service connection for a heart disability, including coronary artery disease and as due to herbicide exposure. The evidence did not support a finding that his heart condition was related to service or herbicide exposure.

The Veteran's claim for special monthly pension based on need for aid and attendance was granted, effective May 6, 2016. However, the financial eligibility requirement for special monthly pension was not met due to the Veteran's income exceeding the maximum annual pension rate.

The Board has remanded the case due to the need for an opinion regarding whether the Veteran's MDS and diabetes, presumed related to herbicide exposure, contributed to his death.

The appellant is not entitled to additional payment of accrued benefits as he has already received reimbursement for the $7,352.44 paid for the Veteran's funeral expenses and there is no evidence that additional money was paid by him for the Veteran's funeral or last sickness.

The Board denied service connection for myelodysplastic syndrome, finding that the evidence did not support a link between the condition and in-service exposure to ionizing radiation. The preponderance of evidence weighed against the Veteran's claim.

The Veteran's appeal for an increased evaluation of his service-connected left epididymo-orchitis with left hydrocele and a TDIU is being remanded due to the need for additional evidence, including VA treatment records and private medical records. The AOJ must also schedule the Veteran for a VA examination and complete any necessary evidentiary development for the TDIU claim.

The Veteran's left eye blindness is not considered an additional disability caused by VA medical care, as the surgery was performed to treat glaucoma and did not cause or contribute to his blindness. The Board found that there was no evidence of negligence in the March 2003 surgery.

The Board found that VA properly adjusted the Veteran's non-service-connected disability pension benefits to account for changes in his and his spouse’s Social Security benefits, reducing them from $1,653.00 per month to $789.00 per month due to the inclusion of their income.

The Veteran's exposure to ionizing radiation during World War II is not considered for benefits related to the appellant's breast cancer, as she does not meet eligibility criteria due to lack of spina bifida or a Vietnam veteran mother.