Other conditions decisions — 2014

The Board has determined that the Claimant is entitled to recognition as the surviving spouse of the Veteran for purposes of receiving VA death benefits, based on her marriage and cohabitation with the Veteran.

The Board denied the Veteran's claims for service connection and increased evaluations, finding that there was no clear and unmistakable error in their decisions.

The Board has determined that the Veteran's chest disorder is not related to his active military service and therefore denied his claim for service connection.

The Veteran's lung disability, manifested by spontaneous pneumothoraces with successful thoracoscopic blebectomy, has not resulted in any impairment that would warrant a compensable evaluation under the applicable rating criteria.

The Veteran's ulcerative colitis and precancerous polyps are presumed to be due to exposure to Agent Orange. However, the VA examiner found no evidence of a causal relationship between these conditions and his service or herbicide exposure.

The Board has remanded the case for further development due to a change in the hearing officer, and the appellant is requested to clarify her current address and preferred RO for the scheduled video conference hearing.

The Veteran died due to ALS, but his service with the Merchant Marine did not qualify for VA compensation and pension purposes. The Board denied DIC because he did not have qualifying active duty service.

The Veteran's laceration of the right index finger resulted in limitation of motion and pain, but not to a degree that warranted a compensable rating prior to May 20, 2009. Since May 20, 2009, his condition has been rated as 10 percent disabling.

The Veteran's duodenal ulcer is currently evaluated at a 10% rating, and the Board finds no evidence of symptoms warranting a higher evaluation.

The Board found that the appellant did not meet the criteria for recognition as the surviving spouse of the Veteran for purposes of establishing eligibility for VA death benefits due to a separation by mutual consent.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his cardiovascular disabilities, including whether any are related to service-connected conditions or medications. Additionally, the MRSA infection residuals will be evaluated to determine if they were caused by VA carelessness, negligence, error in judgment, or similar instance of fault.

The Veteran's low back disorder is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Board denied the Veteran's request to deduct $100 per month from his disability compensation payment for repayment of an overpayment, finding that a higher amount ($600 per month) was warranted based on VA guidelines.

The Veteran's service-connected pilonidal cyst disability requires the use of a prescribed medication that causes irreparable damage to outer garments, and as such, he is entitled to an annual clothing allowance.

The Board denied the appellant's claim for basic eligibility for nonservice-connected death pension benefits because the Veteran did not have service during a period of war, and no new and material evidence was submitted to reopen the claim.

The Board has determined that the Veteran's cause of death is not related to his military service or a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's daughter, A.D., was not found to be permanently incapable of self-support prior to her 18th birthday. The evidence showed she had completed high school and college courses with satisfactory grades.

The Board found that the appellant's annual income exceeded the maximum annual pension rate for a veteran with no dependents, leading to termination of his nonservice-connected pension benefits effective December 1, 2008.

The Veteran's appeal is being remanded due to his request for a videoconference hearing, and he has now requested an in-person hearing. The case will be returned to the RO for scheduling this hearing.

The Board finds that the Veteran's current facial nerve VII damage is a residual of his in-service parotidectomy, and therefore service connection for residuals, status parotidectomy to include facial nerve VII damage is granted.