Other conditions decisions — 2015

The Board has determined that the Appellant may be recognized as the Veteran's surviving spouse for purposes of entitlement to VA benefits due to a finding of continuous cohabitation despite separation, which was deemed to be caused by the Veteran's misconduct.

The Veteran and the appellant were legally married in January 2010, lived together continuously for more than a year prior to the Veteran's death, held themselves out as husband and wife to the public, and had no knowledge of Arizona's nonrecognition of common law marriages. The Board finds that their attempted common law marriage is deemed valid for VA purposes, and the appellant is recognized as the Veteran's surviving spouse.

The Veteran is seeking service connection for spinal stenosis and myocardial infarction. The Board has determined that additional development, including verification of the Veteran's periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA), is needed to determine if these conditions are related to his military service.

The Board has found that the Veteran's skin rash disability is due to an undiagnosed illness and thus presumed to be due to his exposure to toxins while serving in Saudi Arabia. As a result, service connection for rash on legs, face, waist, and feet is granted.

The appeal has been dismissed due to the death of the appellant during the pendency of the appeal.

The Board has remanded the case due to the Veteran's failure to report for a scheduled videoconference hearing, and the appellant must be notified of the new hearing date.

The Veteran's surviving spouse meets the income requirements for non-service-connected death pension benefits, as her annual countable income is below the maximum annual pension rate.

The Board has determined that the Veteran's Peyronie's disease began during his military service and granted the claim for service connection.

The Board has remanded the case due to insufficient medical opinion regarding the cause of death and a need for a video conference hearing.

The Board found that the Veteran's residuals of a right hand contusion did not result in incomplete moderate, severe, or complete paralysis of the median nerve. Therefore, an initial rating higher than 10 percent for this condition is denied.

The Board has restored the 10 percent ratings for shin splints (stress fractures) of both right and left shins, effective May 1, 2013. The Veteran's symptoms have not shown material improvement since the last rating decision.

The Board has remanded the case for further development and reconsideration of the issue of entitlement to waiver of recovery of an overpayment of pension benefits in the calculated amount of $9,961. The appellant challenges the validity of the debt at issue.

The Board has remanded the case for further adjudication due to a pending substitution request by the Appellant, who is seeking to substitute as claimant in her deceased husband's April 2010 claim of service connection for arthritis secondary to his service-connected psoriasis.

The Board finds that the overpayment of VA compensation benefits due to the removal of an additional allowance for the Veteran's spouse was not properly created, and grants the appeal.

The Veteran's treatment records reveal that he developed pancreatic necrosis and underwent surgery as a result of his initial hospitalization for acute pancreatitis. The Board finds the private opinions and VA Institutional Disclosure of Adverse Event more probative, concluding that the additional disability was due to carelessness or lack of proper skill on the part of VA in furnishing medical care.

The Veteran's death was not service-connected, and the appellant is denied additional burial benefits in excess of $2,000. She is also denied a plot or interment allowance.

The Veteran's appeal has been withdrawn by his representative, and thus the case is dismissed.

The Veteran's appeal is being remanded to determine if he was exposed to herbicides in the Vietnam War, and if so, whether his chronic lymphocytic leukemia should be service-connected.

The Board has granted the appellant's DIC claim effective from December 1, 2005, as her application was received within one year of the Veteran's death.

The Veteran's representatives withdrew the appeal regarding his right hand disability rating.