Other conditions decisions — 2008

The Board has granted service connection for the cause of the veteran's death due to AML, which is related to his military service and herbicide exposure. The claim for accrued benefits based on pending MDS/AML service connection was denied as there was no evidence in the file at the time of the veteran's death that supported this claim.

The Board denied the reopening of a claim for service connection for a low back disability, finding that no new and material evidence had been submitted.

The Board denied the appellant's request for a waiver of overpayment of dependency and indemnity compensation benefits in the amount of $26,779.00 due to her failure to timely file the request within the required 180-day period.

The Board has remanded the case for further development, including a TDIU examination and VCAA notice.

The Board found that the veteran's service-connected PTSD did not cause or contribute to his death, which was caused by sepsis resulting from empyema and malignancy. The Board denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the appellant is not entitled to recognition as the veteran's surviving spouse for purposes of establishing entitlement to Department of Veterans Affairs death benefits due to her divorce from the veteran prior to his death and lack of continuous cohabitation.

The veteran is seeking service connection for basal cell carcinoma and shingles, originally claimed as skin growths and lesions, due to Agent Orange Exposure. The case is being remanded for further examination and analysis.

The veteran seeks service connection for post-operative squamous cell carcinoma of the right oropharynx, which he claims is due to herbicide exposure during his Vietnam service. The Board has determined that a VA examination and medical nexus opinion are necessary to decide this claim.

The Board has remanded the case for additional development, including obtaining service medical records and a VA examination to determine the nature and etiology of any amnesic disorder and skin rash. The veteran's claims will be reconsidered based on the new evidence.

The Board dismissed the appeal due to the appellant's death.

The Board has determined that the termination of DIC benefits was proper due to the claimant's remarriage and failure to submit a timely application for reinstatement.

The veteran and the appellant were not married for a period of one year or more prior to the veteran's death, nor did they have any children together. The Board found that the appellant is not entitled to recognition as the veteran's surviving spouse for VA purposes due to Florida state law prohibiting common law marriages.

The veteran's service did not meet the eligibility requirements for educational assistance benefits under Chapter 30, Title 38, United States Code.

The veteran's enrollment in the Spring 2005 coursework was not approved for payment because he had already completed his approved program of education and did not enroll in a new program until August 21, 2005.

The veteran's daughter died prior to the effective date of a law that would have granted compensation for birth defects, so the claim is denied.

The Board has determined that a VA examination is needed to clarify the likelihood of a current left foot disability being related to service. The veteran's claim for service connection remains pending.

The Board found no evidence linking the causes of the veteran's death to his military service and denied the claim for service connection.

The Board has remanded the case for further action due to incorrect notification of decisions and correspondence.

The Board denied the veteran's claims for increased ratings for his service-connected postoperative residuals of a left inguinal hernia, erectile dysfunction, nasal fracture and deviated nasal septum status post septoplasty, temporomandibular joint syndrome, sinusitis, bronchitis, and an upper respiratory infection. The reasons were that the veteran's conditions did not meet the criteria for higher ratings under applicable rating criteria.

The Board found that the appellant's deceased husband did not have valid military service, and therefore is not eligible for VA death benefits.