Other conditions decisions — 2015

The Board has determined that the appellant is not recognized as the Veteran's surviving spouse for VA purposes, and therefore does not have standing to bring a claim for VA benefits.

The Board has remanded the case due to failure to provide proper notice and development, including a copy of the Statement of the Case and notification that the hearing pertained to this matter.

The Board has remanded the case due to the need for an etiology opinion regarding the Veteran's current foot disabilities, as well as obtaining any outstanding VA medical records.

The Board has determined that the service connection for a left thumb disability should be remanded due to missing service treatment records and the need for an examination to determine if the current condition is related to service.

The Veteran seeks service connection for chronic lymphocytic leukemia as secondary to exposure to herbicides while stationed in Thailand. The VA needs to verify the nature and extent of her herbicide exposure during active military service.

The Board has determined that the Veteran's TMJ disorder, including as secondary to his service-connected residuals of a left mandible fracture, is related to service and grants a compensable rating for this condition.

The Board has remanded the case due to the need to obtain additional medical records and conduct a VA examination. The Veteran's heart palpitations are being evaluated for service connection, with consideration given to whether they are related to his military service or any medications he is taking for his service-connected disabilities.

The appellant is not eligible for VA death benefits as a dependent child of the Veteran because she was over 23 years old at the time of filing and did not meet other eligibility criteria.

The Board found that the appellant is not entitled to recognition as the Veteran's spouse for VA death benefits purposes due to a lack of evidence indicating they were legally married at the time of the Veteran's death.

The Board finds that the evidence is in relative equipoise as to whether myelodysplastic syndrome was incurred in active service due to in-service herbicide exposure and whether the cause of the Veteran's death is related to active service. The Veteran had active combat service in Vietnam, presuming his in-service herbicide exposure.

The Board has granted service connection for basal cell carcinoma and squamous cell carcinoma of the face, forehead, ears, and bilateral arms due to a finding that these conditions are as likely as not related to sun exposure during active duty.

The Board has determined that an earlier effective date for the award of service connection for multilevel DDD with spondylosis and mild spinal stenosis is not warranted as a matter of law due to the absence of pending or unadjudicated claims prior to receipt of the March 2011 reopening application.

The VA terminated the appellant's death pension benefits because her countable income exceeded the maximum annual death pension limit set by law.

The Board finds that the earliest date upon which it is factually ascertainable that the Veteran has Morton's neuroma of the right foot is July 28, 2011. The claim for an earlier effective date for service connection for Morton's neuroma is denied.

The Veteran's claim for an earlier effective date for the grant of service connection for ocular histoplasmosis with macular lesions of both eyes is denied. The Board found that the earliest date entitlement could arise was November 3, 2009, when the Veteran filed a petition to reopen his previously denied claim.

The Board denied the appellant's claim for accrued benefits as she did not file her application within one year of her mother's death, and thus is not legally entitled to these benefits.

The Board has remanded the case for additional development due to missing VA treatment records and a need to consider all evidence received since the last decision.

The Board has remanded the case due to conflicting information about the appellant's spouse having qualifying service for VA benefits. The VA is requested to seek verification directly from the Department of the Army.

The Veteran's claim for payment of unauthorized medical expenses incurred at Hellen Keller Hospital on May 29, 2010 is denied as the treatment was not for a condition that would have been considered an emergency requiring immediate attention.

The Board has determined that the Veteran's service-connected partial degloving of the left ring finger does not warrant a compensable evaluation due to the lack of ankylosis or other disabling conditions.