Other conditions decisions — 2016

The Board has remanded the case due to a need for clarification regarding whether the appellant is recognized as a surviving spouse of the Veteran. The appeal will be reconsidered after receiving additional information from the appellant and her representatives.

The Board has granted a partial waiver of overpayment for the period from March 2012 to March 2013, finding that the Veteran's delay in updating his dependency status outweighs the unjust enrichment resulting from the overpayment during this period. The full debt from February 2006 to February 2012 is denied.

The Board finds that the appellant is not eligible to be recognized as the surviving spouse of the Veteran for purposes of receiving DIC benefits, survivors' pension and accrued benefits due to her divorce from the Veteran at the time of his death.

The Board has determined that the Veteran's death was due to his military service, particularly his presumed exposure to Agent Orange in Vietnam. The cause of death was colorectal cancer, which is not included on the list of diseases presumptively associated with Agent Orange exposure but there is evidence suggesting a direct relationship.

The Board found that the Veteran's current neck disorder is not related to military service and denied his claim for service connection.

The Board has decided to remand the case for further examination and opinion regarding the Veteran's residuals of a head injury, specifically addressing symptoms of anger management and memory loss.

The Board found no residual disability associated with the Veteran's non-Hodgkin's lymphoma, which was in full remission from February 1, 2006. The Veteran's arthralgias and degenerative arthritis were not considered to be proximately due to or aggravated by his service-connected condition.

The Veteran's incomplete paralysis of the left femoral nerve, external cutaneous is currently rated at 20 percent and the Board finds that a higher rating is not warranted based on the evidence.

The Board denied service connection for the cause of the Veteran's death and esophagus adenocarcinoma with liver and peritoneal metastasis, for accrued benefits purposes only.

The Board has remanded the case for readjudication due to new financial information provided by the appellant and Veteran (or on their behalves). The appeal is not resolved.

The Board has remanded the case for further development due to inadequate medical examinations addressing the relationship between in-service asbestos exposure and throat cancer.

The Board found that the Veteran's service-connected diabetes mellitus did not cause or hasten his death, and therefore denied the claim for service connection for the cause of his death.

The Board denied referral for extraschedular evaluations of the Veteran's service-connected gynecomastia of both breasts prior to May 2, 2007.

The Board has decided to remand the case for additional development, including obtaining SSA records.

The Veteran's claim for service connection for the residuals of a head injury is denied as there is no competent evidence of a current disability due to an in-service head injury.

The Board has determined that the appellant cannot be recognized as the Veteran's surviving spouse due to her divorce from him prior to his death in August 2003.

The Board has determined that the Veteran's glioblastoma multiforme, which was listed as a cause of death on his death certificate, is at least as likely as not related to his active duty service and particularly to his exposure to toxic herbicides in the Republic of Vietnam. As such, service connection for the cause of the Veteran's death is granted.

The Veteran's DJD of the left hip is being remanded for additional development, including a VA examination to determine if it is related to service or his motor vehicle accident. Additional private and VA treatment records are also requested.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to assess her current disability levels.