Other conditions decisions — 2018

The Veteran's appeal for special monthly compensation based on the need for regular aid and attendance of another person has been dismissed due to his death.

The appeal was dismissed because the appellant requested to withdraw their appeal.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse, finding that her divorce from the Veteran in 1985 terminated their marriage and she had no valid marriage at the time of his death.

The Veteran's death certificate indicates he was divorced at the time of his death in March 2001. The appellant, who filed for VA benefits, claims her divorce from the Veteran was due to domestic violence and should be considered valid. However, the Board finds that since the appellant was not married to the Veteran at the time of his death, she cannot be recognized as his surviving spouse for purposes of DIC, death pension, and accrued benefits.

The Veteran's countable income exceeded the maximum annual pension rate (MAPR) for a veteran needing aid and attendance with one dependent, thus denying special monthly pension benefits.

The Board has decided to remand the Veteran's claims for arthritis and ankylosing spondylitis due to insufficient evidence regarding their etiology. A VA examination is needed to determine if these conditions are related to service.

The Board denied service connection for cholangiocarcinoma and liver cancer, finding that the evidence did not support a link to service. The cause of death was also denied.

The Board denied payment or reimbursement for unauthorized medical expenses incurred at Baptist Medical Center on June 22, 2014, due to the Veteran's delay in seeking immediate medical attention and the availability of VA facilities.

The Board has remanded the case due to insufficient information in the October 2016 VA examination report regarding the nature and severity of the Veteran's severe stenosis of the middle CAS, specifically distinguishing between purely neurological disabilities and subjective complaints.

The Board has remanded the Veteran's claims for increased ratings for right and left foot hallux valgus, as well as her TDIU claim due to insufficient evidence. An updated VA examination is needed to determine the current severity of her service-connected foot disabilities.

The Veteran's cause of death, multiple myeloma, is being remanded due to incomplete service personnel records and the need to verify exposure to herbicide agents during his active duty service.

The Board has granted service connection for a chronic undiagnosed illness manifested by symptoms of memory loss and loss of concentration, finding that the evidence is in relative equipoise regarding whether these symptoms are manifestations of an undiagnosed illness incurred during active duty service.

The Veteran's initial compensable disability rating for chemical keratitis with recurrent corneal erosion, right eye is remanded due to the need for additional evidence and analysis regarding incapacitating episodes and their impact on work.

The Board has remanded the case for further development, including scheduling a VA examination to determine if the appellant was insane at the time of his discharge.

The Veteran's income exceeds the maximum allowable pension rate, thus denying his claim for nonservice-connected pension benefits.

The claim for service connection of arthritis in the hands and legs is reopened due to new evidence, but it remains remanded as a VA examination is needed to determine if there is a link between current arthritis and an in-service injury.

The Board denied service connection for a deviated septum as there was no evidence of current disability, and the Veteran did not have a claim for sleep apnea at the time of his death.

The Board has remanded the claims for further development due to the need for compliance with Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board denied the appellant's claim for M.A. to be eligible for interment in a VA national cemetery because there was no evidence that she became permanently physically or mentally disabled and incapable of self-support before reaching 21 years of age.

The Board has remanded the Veteran's claims for increased evaluations for her service-connected left and right knee disabilities due to lack of proper examination, as well as for a claim for service connection for a lumbar back disability.