Other conditions decisions — 2014

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for VA death benefits purposes due to lack of valid marriage and failure to meet criteria for a deemed valid common law marriage.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that her divorce from the Veteran bars her eligibility for VA benefits.

The Board has determined that the legal criteria for establishing entitlement to a Government-furnished headstone or grave marker for the Veteran are not met due to his death prior to the date authorized by law. As such, the claim is denied.

The Board has remanded the case for a new VA examination to determine the nature and etiology of any diagnosed left thigh skin conditions, including whether they are related to service or caused by a service-connected condition.

The Veteran's residuals of right great toe laceration are currently evaluated at the maximum schedular evaluation under Diagnostic Code 5281, which is a 10% rating. The Board finds no basis to grant an increased evaluation.

The Veteran's right flank pain condition was deemed an emergency due to severe symptoms, and the Board found that a prudent layperson would have reasonably expected delay in seeking medical attention to be hazardous. The decision grants payment of unauthorized medical expenses incurred on May 9, 2010, at Oktibbeha County Hospital.

The Board has determined that the appellant's stay at The Gables at Brighton Senior Living constitutes custodial care and her cost of maintenance can be deducted from her countable income for pension purposes.

The Board has determined that the Veteran's upper extremity radiculopathy is service-connected, but her lower extremity neurological disability is not related to service or a service-connected condition.

The Board denied the appeal, finding that the decedent's discharge was under dishonorable conditions due to willful and persistent misconduct. The character of his service is therefore a bar to VA benefits.

The Veteran's claims for increased ratings for left elbow and left wrist disabilities were denied by the RO in a March 2009 rating decision. The Board remanded the cases to obtain additional evidence, but the Veteran failed to appear for an examination scheduled on July 30, 2013. A VA examination was conducted on November 26, 2013, and more recent records are needed before a final determination can be made.

The Veteran's claim for service connection for thrombocytopenia and post-operative residuals of hysterectomy has been granted. The Board finds that the preponderance of evidence supports these findings.

The Veteran did not have the requisite service for his surviving spouse to qualify for VA death pension benefits.

The case is being remanded for the appellant to submit updated financial information and a statement of additional expenses. The COWC will then review the appeal based on this new information.

The Veteran's appeal for a total disability rating based on individual unemployability prior to February 20, 1996 has been dismissed due to the death of the Veteran.

The Veteran's skin conditions (staphylococcus aureas, squamous cell carcinoma, and actinic keratosis) are not related to his military service, including exposure to herbicides. The Board denied the claim for service connection.

The Veteran died of pneumonia, which was due to or as a consequence of dementia. There is no service connection for any condition that could be considered the cause of death.

The Veteran's service connection claim for a dental disorder, including TMJ disorder and loss of teeth for VA compensation purposes is granted due to the in-service injury resulting in trauma.

The Board found that new and material evidence had not been received to reopen the previously denied claim of entitlement to recognition as the Veteran's surviving spouse. The Court ordered the case be remanded for consideration of all evidence submitted since the issuance of the statement of the case in the first instance.

The Board has determined that the SOC regarding the overpayment of VA pension benefits in the amount of $27,760.00 was not associated with the claims file and therefore a new SOC must be issued.

The Veteran's gout of the right first toe has been rated as 20 percent disabling for the period prior to May 13, 2014. The claim for an increase in a 20 percent rating is granted.