Other conditions decisions — 2018

The Veteran withdrew her appeals for service connection of back, bilateral knee, foot disabilities, and PTSD. The Board dismissed these issues as the Veteran withdrew them herself. Other claims related to psychiatric disorders are remanded.

The Board denied DIC benefits because the appellant did not meet the requirements to be recognized as a surviving spouse of the Veteran.

The Veteran's cause of death was due to multiple organ failure, but his non-Hodgkin lymphoma is believed by the appellant and a private physician to be related to service exposure. The case is remanded for further examination and opinion.

The Veteran's death was not due to a service-connected disability, and he did not have an active claim for VA benefits at the time of his death. Therefore, nonservice-connected burial benefits are denied.

The Board finds that the character of the Appellant's discharge from service is a bar to receiving VA compensation benefits due to willful and persistent misconduct, including multiple instances of AWOL, disobeying orders, drug use, and appearing without uniform. The Appellant was not insane at the time he committed these offenses.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that they did not meet the criteria under North Carolina law to recognize a common-law marriage. The appellant and the Veteran were legally divorced in 1990 and resided in North Carolina, which does not recognize such marriages.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case as a result.

The Veteran's appeal regarding the issue of entitlement to service connection for right leg nerve damage is dismissed as there are no allegations of error in this determination. The claimant has withdrawn his appeal on this issue.

The Board denied reopening the claim of service connection for squamous cell oropharyngeal carcinoma due to lack of new and material evidence, as no evidence was presented that relates to an unestablished fact necessary to substantiate the claim.

The Veteran's request for waiver of recovery of an overpayment of VA benefits in the amount of $17,719.37 was found to be timely filed.

The Veteran's right and left upper extremity sensory loss disabilities are currently rated at 10 percent each, the maximum rating available under Diagnostic Code 8515 for mild incomplete paralysis of the median nerve. The evidence does not support a higher evaluation.

The Board has decided to remand the Veteran's claim for an increased rating due to insufficient evidence and need for further examination.

The Veteran's right mandible fracture residuals are manifested by pain and limited motion, warranting a 10 percent rating.

The Board has determined that the Veteran's hypertrophic cardiomyopathy is a congenital disease that clearly and unmistakably pre-existed service and was not aggravated by service. Therefore, the claim for service connection is denied.

The Board denied the appellant's claims for recognition as a helpless child and accrued benefits due to lack of entitlement under VA regulations.

The Veteran's claim for a higher rating for brachial neuritis of the left upper extremity is granted, with an effective date prior to May 22, 2017. The claim for service connection for a skin disability (claimed as hives and welts on the arms, chest, back, face and neck, to include lupus) is also granted.

The Board has granted service connection for the Veteran's chronic genital virus infection and residuals, finding that it is related to his active duty service.

The Board has determined that additional development is needed and the case is being remanded for further action.

The Veteran's effective date for dependency benefits for his current spouse, J.W., is denied as the claim was not received within one year of their marriage and no notification was provided to VA prior to April 17, 2012.

The Veteran's initial claim for service connection for sleep apnea was denied. The Board also addressed the propriety of reducing his disability rating for status post right lower lobe lobectomy from 100 percent to 30 percent, finding that the reduction was proper based on the evidence presented.