Other conditions decisions — 2015

The Board found that the Veteran's bilateral reduction mastectomy was not caused or made worse by her service-connected degenerative disc disease of the lumbar spine.

The Veteran's TMJ disorder and bruxism are found to be secondary to her service-connected PTSD. Her broken tooth at number 14 has been repaired, so there is no entitlement for compensation.

The Board has reopened the Veteran's claim of entitlement to service connection for a neurological disorder claimed as the result of exposure to defoliants and remanded it for further development, including obtaining VA clinical documentation after June 2013 and scheduling a VA neurological examination.

The Board has reopened the Veteran's claims for service connection for residuals of a venereal disease and gastrointestinal disorder, but the issues are still pending as they have not been fully adjudicated on their merits.

The Veteran's claims for stomach problems, left leg radiculopathy with foot drop (claimed as a left ankle disability), and TDIU are being remanded due to the need for additional development.

The Board has granted service connection for urticaria and dermatographism, which were first diagnosed during the Veteran's active duty service.

The appellant is not entitled to VA death benefits as she was not the Veteran's surviving spouse at the time of his death.

The Veteran's appeal has been dismissed due to the death of the Veteran, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Veteran's claims for effective dates earlier than March 19, 2010 for the grant of service connection for residuals of right hernia repair and orchiectomy have been denied. The earliest effective date that is warranted is September 10, 1970, for the award of service connection for residuals of right hernia repair. For orchiectomy, the earliest effective date that is warranted is March 19, 2010.

The Board has found compelling circumstances warranting the appellant's prolonged unauthorized absence, thus finding that his character of discharge does not constitute a bar to payment of VA compensation benefits.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for right ear disfigurement with sensitivity to temperature changes resulting from a wedge excision of his right ear skin lesion performed without informed consent at the Mountain Home VA medical center on September 21, 2010. The case is being remanded to secure missing pre-operative notice and consent records.

The Board found that the service member's death was not due to a disease or injury incurred in the line of duty during active service, as his death resulted from deliberate and intentional wrongdoing with knowledge of or wanton and reckless disregard of its probable consequences.

The Board has determined that the appellant meets the requirements as a surviving spouse for purposes of basic eligibility to VA death benefits.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a skin disorder. The Veteran's long-term skin symptoms since his active service are credible, and it is at least as likely as not that his current skin condition is related to his military service.

The Veteran's claim for an increased evaluation for his service-connected right lower leg and right groin phlebitis is being remanded due to the need for a new VA examination.

The Board denied the veteran's claim for VA home loan benefits as he did not meet the eligibility criteria due to a lack of active or inactive duty points during his period of Reserve service.

The Board has determined that the Veteran's service is not qualifying service for the purpose of NSC disability pension, and therefore he is not entitled to such benefits or special monthly pension benefits.

The Board has determined that the appellant's request for a beginning date prior to December 6, 2011, for Chapter 35 Dependents' Educational Assistance (DEA) benefits is denied as VA provided written notice of his right to elect a beginning date and he did not respond within the required timeframe.

The Board has determined that the appellant and Veteran did not meet the legal requirements for surviving spouse status due to their lack of a valid marriage prior to the Veteran's death, despite their long-term cohabitation.

The Board found that the appellant is not a beneficiary of the Veteran's service disabled veterans' insurance policy, as evidenced by the November 5, 2007, beneficiary designation form which was signed by the Veteran and confirmed by witnesses. The appellant's claims regarding forgery or lack of sound mind were not supported by evidence.