Other conditions Board decisions

The Veteran died in February 2009 and there were no pending claims for VA benefits at the time of his death. Therefore, accrued benefits cannot be awarded as he had no due and unpaid benefits.

The Veteran's claim for service connection for a respiratory disorder has been withdrawn before the Board could make a decision.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they are ineligible for compensation from the FVEC Fund.

The Veteran's service obligation for his attendance at West Point Military Academy is not considered active duty for purposes of Chapter 33 benefits, and he does not meet the basic eligibility requirements for educational assistance under this chapter.

The Veteran is seeking service connection for antiphospholipid syndrome, which he claims is related to his active service and herbicide exposure. The Board finds that a VA examination is necessary to determine the nature and etiology of the claimed condition.

The Veteran is granted a waiver of recovery for the overpayment of $1,192.47 due to his status as a fugitive felon from September [redacted], 2006 to November [redacted], 2006.

The Board has granted a waiver of the recovery of an overpayment of VA educational assistance benefits in the amount of $3,000.00 due to undue financial hardship.

The Board has granted the Veteran's request to reopen his service connection claim for a gastrointestinal disability and has determined that new and material evidence has been received sufficient to warrant reopening. The Board also found that the Veteran's current gastrointestinal disability is related to his active service.

The Board found that the Veteran's skin condition did not have its onset during service and is not otherwise related to his period of active service, thus denying his claim for service connection.

The Veteran's claim for service connection for a respiratory disorder, claimed as due to asbestos exposure, is being remanded for further development and an examination.

The Board has remanded the case for further action due to additional evidence submitted by the Veteran, and an accounting of the calculated amount of the Veteran's monthly pension payments taking into account all permissible offsets must be prepared.

The Board has determined that the appellant does not have qualifying service for VA purposes and therefore is not entitled to nonservice-connected disability pension, to include special monthly pension benefits.

The Veteran's TDIU and DEA benefits were terminated as of December 1, 2011 due to his employment exceeding the poverty threshold. The Board found that he was actually employable at the time.

The Veteran's right hand fifth metacarpal fracture has been rated as noncompensable, and the evidence does not support a higher rating based on current functional impairment.

The Veteran's cause of death was attributed to pancreatic cancer, which the VA medical opinion found not related to service. The Board denied service connection for the cause of death as there is no evidence linking the Veteran's pancreatic cancer to his military service.

The Board has remanded the Veteran's claim for service connection for pituitary adenoma, postoperative due to insufficient medical evidence and a need for a VA medical opinion. The case will be further developed before being readjudicated.

The RO reduced the Veteran's rating for pleural fibrosis with interstitial lung disease from 60 to 30 percent effective December 1, 2012, finding clear and unmistakable error (CUE) in the May 2011 decision that assigned a 60 percent evaluation.

The Veteran's service-connected peripheral vestibular disorder has been rated at 30 percent since October 22, 2012. Prior to this date, the disability was rated at 10 percent.

The Board found that the Veteran's uterine fibroids and anemia, status-post supracervical partial hysterectomy, were not incurred in or aggravated by service.

The Veteran's appeal is being remanded to the VAMC Tucson for reconsideration of his claim in light of the amended version of 38 U.S.C.A. § 1725, due to a lack of clear accounting of total medical treatment costs and third-party payments.