Other conditions decisions — 2015

The Veteran's claim for service connection for spindle cell sarcoma was denied, and the Board found that there is no evidence of a prior diagnosis or claim before May 2011. As such, an earlier effective date is not warranted.

The Board has determined that new and material evidence has been received to reopen the Appellant's claim for recognition as the surviving spouse of the Veteran. However, the Board has also found that she is not recognized as the surviving spouse due to her failure to cohabitate continuously with the Veteran from their marriage until his death.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and conducting VA examinations to assess the nature and etiology of her claimed conditions.

The Veteran's application for a waiver of overpayment of nonservice-connected pension benefits was granted, as the Board found that equity and good conscience necessitated waiving the debt due to the Veteran's financial hardship caused by the need to pay for his residential care facility.

The Board has remanded the case due to a need for verification of service and further development is required before making a determination on the appellant's claims.

The Veteran's appeal is being remanded due to his request for a hearing, and the case will be scheduled for a video conference hearing at the Louisville, Kentucky Regional Office.

The Board found that the Veteran does not have a current right leg disability manifested by numbness and tingling, thus denying service connection.

The Veteran's appeal was denied as she is already provided with a six-way driver seat and does not need an additional passenger side power transfer seat to operate her vehicle safely.

The appeal is being remanded due to the appellant's failure to appear for a scheduled hearing. The case will be rescheduled for a personal hearing before a Veterans Law Judge.

The Veteran's claim for special monthly pension based on the need for aid and attendance was pending at the time of his death, but no benefits were due or payable as he died before the effective date of such benefit.

The Board has remanded the case for additional development, including a VA examination and readjudication of the gastrointestinal disability claim. The TDIU claim is also pending.

The Board finds that the Veteran's throat disorder and breathing problems are not related to his service-connected tracheotomy scar, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151 or service connection.

The Board is remanding the case for a new medical opinion regarding whether the Veteran's left hip condition was aggravated by his service-connected right knee disability. The Veteran contends that his current left hip condition is secondary to his service-connected right knee disability.

The Veteran was granted TDIU for the period from April 8, 2008 to June 1, 2008 based on service-connected blockages of the bilateral carotid arteries. An earlier effective date is denied as the record does not support a claim prior to July 5, 2005.

The Veteran's service-connected left hip femoral acetabular impingement is not considered to be related to his active service or due to or aggravated by any service-connected disabilities, including degenerative joint disease of multiple joints (lumbar spine, right hip, left knee, and right knee).

The Board has determined that the appellant's marriage to the Veteran was deemed valid due to her lack of knowledge regarding the state of Florida's recognition of common law marriages, and she is therefore recognized as the surviving spouse for VA death benefits purposes.

The Veteran's attributable gross household income for 2009 exceeded the means test income threshold for copayment-exempt care, and his eligibility status was properly adjusted by the HEC.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error, finding that the motion did not set forth clearly and specifically the legal or factual basis for the allegation of clear and unmistakable error in the Board decision.

The Board has determined that the Veteran's low back disability is not service-connected as it did not manifest during his active duty and there is no evidence of an in-service injury or disease. The current condition was found to be due to a fall in 1981, which caused trauma to the cervical and thoracic spine.

The Veteran's benign prostatic hypertrophy is being remanded for a VA examination to determine if it is related to his military service, specifically herbicide exposure in Vietnam.