Other conditions decisions — 2015

The Board has determined that the Veteran did not file a timely notice of disagreement with the January 2007 rating decision severing service connection for a disability manifested by heavy menses with cramping and clotting, which was characterized as uterine disease. As such, this claim is dismissed.

The Veteran's left pectoralis muscle strain is currently rated at 20 percent, the maximum available rating under Diagnostic Code 5303-5302. The VA examiner found that the injury to Muscle Group II resulted in some difficulty with repetitive heavy loads.

The Veteran's throat cancer is related to service and the Board has granted service connection for this condition.

The Veteran's TDIU claim is granted as of July 1, 1999, the date he stopped working due to his service-connected respiratory condition.

The Veteran's surviving spouse died in November 2009, and the appellant was found to be entitled to accrued benefits for aid and attendance allowance due her mother. The appeal also addressed reimbursement of burial expenses. The Board granted payment of accrued benefits for the burial expenses, but only up to the amount of accrued benefits available.

The Board has granted service connection for herpes and reopened the claim. The Veteran's tinea cruris, tinnitus, anxiety disorder, bilateral hearing loss, and PTSD are all rated as they were at the time of the decision.

The Veteran's adult disabled stepson (P.J.) was not recognized as a dependent child for VA compensation purposes due to P.J. being over 18 years old at the time of marriage and not meeting the legal requirements for being considered a stepchild or adopted child.

The Veteran's appeal is currently pending and requires further development due to the need for a video conference hearing. The case will be returned to the Board after the hearing.

The Veteran's sickle cell trait and pulmonary disability are being remanded for further development, including obtaining medical records and scheduling examinations.

The Veteran's death was not service-connected, and the Board found no evidence linking his Alzheimer's dementia to service or service-connected conditions. The appellant is therefore denied DIC benefits under 38 U.S.C.A. § 1318.

The Board found that the overpayment of dependency benefits from February 2005 to March 2011 was not validly created and granted a waiver, while setting an effective date for the addition of the Veteran's new spouse as his dependent.

The Board has determined that the Veteran's right eye pterygium with associated decreased visual acuity, as well as any residuals of herpes zoster ophthalmicus, right eye, are related to service. The low back and right knee disabilities are also found to be related to service.

The Veteran's appeal is remanded for further action on both his TDIU claim and the severance of service connection for oropharyngeal cancer. The RO must obtain updated VA treatment records, conduct a VA examination to assess hearing impairment and PTSD impact on employment, and again review his TDIU claim.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected skin disorder.

The Board has determined that the Appellant qualifies as the Veteran's surviving spouse for purposes of VA benefits, despite their attempted common law marriage which was not recognized in Puerto Rico.

The Board denied the appellant's request for a waiver of recovery of an overpayment of service-connected compensation benefits in the amount of $9,010 due to his failure to notify VA of his incarceration and receipt of higher disability payments during that period.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining records and a medical opinion regarding her exposure to herbicides or toxic chemicals during active service.

The Board has decided that there are outstanding treatment records and a VA examination is needed for the Veteran's left knee disability. The appeal will be remanded to allow for these actions.

The appellant is not eligible to be recognized as the Veteran's surviving spouse for VA purposes, including retroactive pay for DIC benefits.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal.