Other conditions decisions — 2018

The Board has ordered the case to be remanded due to incomplete service records and a need for further examination of the decedent's misconduct.

The Veteran's claim for an earlier effective date for spousal dependency benefits was denied as VA did not receive notice of the current marriage within one year of September 28, 2013.

The Veteran's surviving spouse is not eligible for death pension benefits due to her income exceeding the maximum allowable amount.

The Board denied service connection for narcolepsy and dizziness as secondary to service-connected disabilities due to lack of evidence linking these conditions to the Veteran's military service.

The Board denied service connection for a pulmonary disorder and a nerve disorder of the upper and lower extremities, finding no evidence linking these conditions to service.

The Veteran's left eye disability is being remanded for further development and an opinion from a different VA examiner to determine if the care provided by VA was negligent or unforeseeable.

The Board has decided that the Veteran's tongue cancer, which he claims as throat cancer (larynx), may be related to his service in Vietnam and exposure to herbicide agents. However, due to insufficient evidence, the case is being sent back for further examination and consideration.

The Board has remanded the service connection and compensation under 38 U.S.C.1151 claims for rhabdomyolysis with acute pigment nephropathy, as well as hyperkalemia related to rhabdomyolysis due to additional evidence submitted by the appellant.

The appellant's claim of entitlement to burial benefits was denied as the surviving spouse received the maximum $2,000.00 in service-connected burial benefits.

The Board has remanded the cases for further development due to insufficient evidence and potential impact on other claims.

The Board has found that the Veteran's gynecomastia disability is not being rated appropriately and requires a new VA examination to determine its current severity, including considering other aspects of the disability such as urinary symptoms and erectile dysfunction.

The Board has determined that the appellant is not the surviving spouse of the Veteran for purposes of DIC benefits, and therefore, any notification deficiencies are considered harmless as B.E. will continue to be recognized as the surviving spouse.

The Board denied the Veteran's claim for service connection for a thoracic spine disability, finding that there was no evidence of such condition during or immediately after active service and concluding that it is not related to any in-service injury. The current diagnosis is attributed to normal aging.

The Veteran's request for a waiver of recovery of the overpayment amount is granted as of the date of this decision. The Board found that collection would be against equity and good conscience due to the Veteran's current active duty status, despite some fault on his part.

The Veteran's appeal for a higher rating for coronary atherosclerosis with premature supraventricular contractions prior to May 31, 2018 was denied.,The Veteran's appeal for a higher rating for coronary atherosclerosis with premature supraventricular contractions since May 31, 2018 is remanded.

The claim for burial benefits was denied because the application was untimely filed, and there is no legal basis to award burial benefits.

The Veteran's initial claim for a higher rating for chronic adjustment disorder was denied as the symptoms did not meet the criteria for a higher rating.

The Board has determined that the Veteran's gout of both feet is related to his active service and grants the claim for service connection.

The Board has granted the appellant's request to re-open her claim for VA death benefits, but denied the underlying claim as her spouse did not have qualifying service.

The Board has determined that the Veteran's left pleural effusion, claimed as loss of left lung, is an additional disability caused by VA fault in performing the January 2015 VA heart surgery. Therefore, compensation under 38 U.S.C. § 1151 for this condition is granted.