Other conditions decisions — 2014

The Appellant is not entitled to recognition as the surviving spouse of the Veteran for VA benefits due to a lack of formal marriage prior to his death.

The appellant is not recognized as the surviving spouse of the Veteran for purposes of receiving DIC benefits due to her divorce from the Veteran, which terminated their marriage.

The Veteran's spouse was denied an increased apportionment of his VA compensation benefits due to the fact that they had divorced on January [redacted], 2010, and no longer qualified for such benefits.

The Board has remanded the case due to a need for a VA examination and further development of evidence regarding the Veteran's claim for service connection for residuals of a left leg injury.

The Veteran is seeking service connection for an OB/GYN disorder with inability to conceive a child. The Board has determined that additional development, including obtaining medical records and scheduling the Veteran for a VA examination, is necessary before this claim can be decided.

The Board has remanded the case for additional development, including obtaining SSA records and service treatment records. The Veteran's claims for service connection are pending.

The Board has determined that the Veteran's squamous cell carcinoma did not have its onset during a period of active duty, and was not manifest to a compensable degree within one year of discharge. Therefore, service connection for squamous cell carcinoma is denied.

The Veteran seeks service connection for primary systemic amyloidosis of the heart, which occurred after a cardiac transplant. The appeal is being remanded to obtain additional service records and provide an opinion on the etiology of the condition.

The Board is remanding the claims of service connection for a right hip condition, left hip disorder, and a scar on the back to allow for further development. The Veteran's current conditions are being considered as secondary to his pre-existing herniated nucleus pulposus.

The Veteran's lung disorder, specifically pleural thickening, is being remanded for further examination and analysis due to the possibility of service connection based on exposure to Agent Orange during his active service.

The Veteran's appeal is being remanded for a new examination to evaluate the current severity of his psychiatric disorder and for further adjudication of both his rating claim and TDIU claim.

The Veteran's housing allowance from his employer is not excludable from his countable income for nonservice-connected pension purposes.

The Board denied the Veteran's request for a waiver of overpayment of VA improved pension benefits, finding that recovery would not be against equity and good conscience.

The Board found that the Appellant's substantive appeal was not timely filed, and thus denied her claim.

The appellant's income exceeds the maximum annual income for pension benefits, thus she is not eligible for nonservice-connected death pension benefits.

The Board dismissed the appeal due to the death of the appellant.

The Board has granted the waiver of an overpayment in the amount of $13,688.00 for nonservice-connected pension benefits due to financial hardship.

The Veteran's death was due to a service-connected disability, but the appellant's claim for retroactive Dependents' Educational Assistance (DEA) benefits was received more than one year after the initial rating decision establishing basic eligibility. The Board denied the appeal as there is no legal merit.

The case is being remanded for additional development to determine the basis of the denial and to obtain necessary financial information.

The Veteran's claim for service connection for a right heel graft was denied. The claims for initial rating and compensable rating for the right foot scar were granted.