Other conditions decisions — 2017

The Board has determined that the appellant is not entitled to recognition as the Veteran's surviving spouse for the purpose of eligibility for VA death benefits due to a lack of continuous cohabitation and because there is no legal exception applicable. The State of Ohio does not recognize common law marriages entered into in Ohio after October 10, 1991.

The Board has determined that the reduction of the Veteran's non-service connected pension benefits, effective January 1, 2006, was proper due to his inability to provide receipts for medical expenses and the fact that his wife became estranged from him.

The Board found that the termination of VA compensation benefits due to 'fugitive felon' status during September 1, 2009 to January 18, 2010 was improper.

The Veteran's appeal is remanded due to the need for a live videoconference hearing. The issue of service connection for neck pain remains pending.

The Board has determined that the October 2015 administrative decision granting a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $72,810.33 resolved the Veteran's appeal.

The Veteran's appeal for an increase in his disability rating for lower back injury residuals was denied as the evidence did not support a higher rating. The claim for service connection of cervical spine disorder is addressed but not decided.

The Veteran is seeking an earlier effective date for the grant of nonservice-connected pension benefits. The Board has determined that additional development, specifically obtaining Social Security Administration disability records, is needed before a decision can be made.

The Board found that the appellant did not file a timely substantive appeal regarding the denial of service connection for the cause of the Veteran's death, and thus denied her appeal.

The Board has determined that the Appellant's income is below the maximum annual pension rate for a surviving spouse in need of aid and attendance, thus granting her Survivors Pension with aid and attendance benefits.

The Veteran's left orchiectomy is found to have occurred during service and is granted as service connected.

The Veteran's request for an extension of her eligibility period for use of her Chapter 30 benefits was denied as she did not file a request within the required one-year period and there is no evidence that physical or mental disability prevented her from starting or resuming a chosen program of education.

The Veteran's claim for service connection for a heart condition, including endocarditis, aortic stenosis, aortic calcification, and aortic regurgitation, is being remanded due to the need for additional medical opinions regarding the etiology of his current conditions.

The Veteran's appeal is being remanded to obtain additional VA examinations for his service-connected elbow conditions and to address the issue of entitlement to a total disability rating based on individual unemployability due to service connected disabilities (TDIU).

The Board finds that the Veteran's fibrous histiocytoma of the heart, which caused his death, was related to his presumed in-service exposure to herbicides. As a result, service connection for the cause of the Veteran's death is granted.

The Board has found that the Veteran's pernicious anemia and vitamin B-12 deficiency disability is related to his service-connected membranous glomerulonephritis disability, thus granting service connection for these conditions.

The Board has remanded the case due to incomplete development and needs an addendum opinion from a VA examiner regarding whether the fibroid disability is related to service.

The Board has granted an effective date of September 28, 1976 for the grant of service connection for abdominal adhesions as a residual of a gunshot wound to the abdomen. The claim was filed within one year of the Veteran's separation from active duty.

The Veteran's claim for service connection for a gynecologic disorder, claimed as residuals of ovarian cyst, is being remanded due to the need for additional development.

The Board has determined that the appellant's income exceeds the maximum annual pension limit for payment of death pension benefits from January 1, 2010. Therefore, her claim for continued payment of death pension benefits is denied.

The Board has determined that the Veteran does not have a current diagnosis of a chronic respiratory condition and therefore, service connection cannot be granted.