Other conditions Board decisions

The Board has determined that the matter is not ripe for appellate review due to procedural issues and requests remand for compliance with contested claims procedures, including providing the Veteran with a copy of the appellant's June 2019 substantive appeal and a Board certification letter. The parties are also asked to provide updated information regarding their monthly income and expenses as well as any child support records.

The Board has remanded the case due to insufficient evidence regarding the service connection for dizziness and light-headedness. The Veteran's current orthostatic hypotension with these symptoms is being evaluated further.

The Board denied payment of education benefits under Chapter 30 (MGIB) at the full-time rate for courses at UAB from August 2016 to May 2018 due to a certification by UAB that the Veteran's coursework was not full-time.

The Board has decided that the Veteran's stuttering, claimed as a speech impediment, should be remanded for further examination and opinion regarding its etiology.

The Veteran's mother did not serve in Vietnam, Korea, or Thailand. The appellant does not have spina bifida and her mother is not a Vietnam, Korea, or Thailand Veteran. Therefore, the claim for benefits under 38 U.S.C. §§ 1805 and 1815 is denied.

The Board has remanded the case due to non-compliance with previous instructions regarding obtaining VA treatment records from 1997 to February 2014. The AOJ did not obtain all relevant records and failed to verify if they were available.

The Board has determined that the overpayment of VA housing allowance benefits was not validly created due to brief periods of Active Duty for Training (ADT) and thus grants the appeal.

The Board has determined that a VA examination is needed to assess the Veteran's dental disabilities, including periodontal disease and tooth loss. The examiner should determine if these conditions are related to service-connected diabetes mellitus, type II.

The Board has granted service connection for the Veteran's left elbow disability, finding that it is due to an in-service injury and resolving reasonable doubt in favor of the Veteran.

The Board denied the appellant's claim for recognition as the Veteran’s surviving spouse due to lack of a valid marriage under Florida and Massachusetts law, despite their long-term relationship.

The Board denied the Veteran's death pension benefits and service connection for the cause of his death. The appellant was not recognized as the surviving spouse due to her remarriage, and there is no evidence linking the Veteran’s death to service or alcohol use.

The Board has denied the restoration of service connection for antisocial personality disorder with alcohol use disorder, finding that the severance was proper due to clear and unmistakable error in granting service connection.

The Veteran's service-connected back disability does not render them unable to secure or follow substantially gainful employment.

The Veteran and the appellant were divorced on December 15, 2011. As a result, the appellant is not entitled to an apportionment of the Veteran’s VA benefits as his spouse effective from that date.

The Board found that the reduction of the Veteran's disability compensation benefits due to incarceration was proper and denied the appeal.

The Veteran's DVT of the bilateral lower extremities and urinary incontinence have been granted ratings as of July 12, 2012.

The Board has denied the Veteran's claim for service connection for left eye disability, finding that there is no evidence of a left eye disability during or within one year after service and concluding that any current left eye condition is not related to service.

The Veteran's request for waiver of overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits was remanded due to the Board finding it timely filed.

The Board denied the Veteran's claim for service connection of a right eye disability, finding that there is no evidence linking his current condition to his military service.

The Veteran's other specified trauma and stressor related disorder, claimed as PTSD, has been rated at 30 percent since the initial grant of service connection. The appeal is remanded for further evaluation.