Other conditions decisions — 2016

The case is being remanded for the Veteran and appellant to present evidence and testimony regarding their respective positions on an apportionment of the Veteran's disability compensation benefits on behalf of their minor children. The parties will be provided copies of any evidence submitted by the opposing party.

The Veteran's spouse is seeking to continue the appeal for TDIU on behalf of her deceased husband. The case has been remanded due to eligibility issues regarding substitution and further development of evidence.

The Board has reopened the Veteran's claim for service connection for diverticulitis and granted it. The Board also found that the need for colon reconstructive surgery was proximately caused by his service-connected diverticulitis, thus granting service connection for residuals of colon reconstructive surgery.

The appellant is not recognized as the surviving spouse of the Veteran for VA death benefits due to her divorce from him, despite his remarriage and her continued absence.

The Board has determined that the Veteran's substantive appeal of a January 2008 rating decision was untimely. The case is being remanded for scheduling a hearing before a Decision Review Officer.

The Board has remanded the case due to a recent court decision regarding herbicide exposure in Da Nang Harbor and because additional deck logs were submitted by the Veteran. The claim will be reconsidered with consideration of all relevant evidence.

The Board has denied the appellant's request for an increased apportionment of the Veteran's VA disability compensation benefits on behalf of their minor child due to the Veteran having additional responsibilities and expenses, including court-ordered support for other children. The appeal is denied.

The Board denied the appellant's claim for accrued benefits as her application was not filed within one year of her surviving spouse's death.

The Veteran's claim for an increased rating for her service-connected adjustment disorder with depressed mood was denied, as the evidence showed symptoms consistent with a GAF score of 50, indicative of occupational and social impairment with deficiencies in most areas.

The Veteran and the appellant established a common law marriage for at least one year prior to his death, and they had no knowledge that Nevada did not recognize common law marriages. The Board granted recognition as the surviving spouse of the Veteran for the purpose of establishing entitlement to VA death benefits.

The Veteran's appeal was dismissed due to his death, and no service connection is granted for the claimed conditions.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected low back disability and obtaining updated treatment records.

The Board finds that the Veteran does not have a current eye disability and therefore cannot establish service connection for an eye disorder.

The Veteran's pension was reduced due to his admission to a VA community living care facility, and the reduction was made consistent with VA regulations. The appeal is denied as the law disposes of the issue.

The Board has decided to remand the case for additional development and review of the evidence, including service personnel and medical records. The Appellant's discharge under Other Than Honorable Conditions is being reviewed.

The Court vacated the March 2014 Board decision denying service connection for the cause of the Veteran's death, rendering the motion moot.

The Veteran's stress fractures of the right and left tibia are currently evaluated at 20 percent each, effective December 23, 2005. The evidence does not support a higher evaluation as her symptoms do not meet or approximate the criteria for a rating in excess of 20 percent.

The Board found that the Veteran's cause of death, adenocarcinoma with metastasis to the lungs, was not related to his military service or exposure to herbicides.

The Board has determined that the Veteran's bilateral eye disability had its onset during service and is therefore granted service connection.

The Veteran's residuals of a fragment wound to the right forearm are manifested by an asymptomatic scar less than six square inches in size, which did not result in functional impairment or other disabling effects. Therefore, he is not entitled to a compensable rating.