Other conditions decisions — 2018

The appellant was not found to be the surviving spouse of the Veteran for purposes of entitlement to Dependency and Indemnity Compensation (DIC) benefits due to a divorce in January 2004, which precluded her from meeting the requirements for recognition as such.

The Board has determined that the Veteran's TMJ disorder is at least as likely as not incurred during active service, and thus grants service connection for this condition.

The Board denied the Veteran's claim for service connection for non-Hodgkin's lymphoma/Waldenstrom macroglobulinemia, finding that it is not etiologically related to active service, including exposure to ionizing radiation.

The Board has determined that the Veteran's anosmia is etiologically related to service, and thus grants his claim for service connection.

The Veteran is seeking service connection for left eye drooping, which he contends is a residual of an undetermined neurological event during service. The case has been remanded to obtain clarification on whether the condition preexisted service and if so, whether it was aggravated by service.

The Board denied the Veteran's claims for service connection for loss of teeth and a compensable disability rating for residuals of fracture, body of left mandible. The Veteran was not granted compensation for dental trauma due to lack of qualifying conditions under VA regulations.

The Board finds that the Veteran's CIDP is not related to his active military service, especially exposure to herbicide agents he is presumed to have been exposed to during his service in the Republic of Vietnam.

The Board has reopened the claim of service connection for myocarditis and granted it, finding that the Veteran's heart disability is related to his myopathy, which he has been service-connected for.

The Board denied an earlier effective date for the award of special monthly pension based on the need for aid and attendance, finding that the earliest possible (and appropriate) effective date is April 20, 2012.

The Veteran's appeal for service connection of stomach cancer has been dismissed due to the death of the appellant.

The Veteran's death was due to complications of chronic alcoholism and he was cremated in March 2007. The claim for nonservice-connected burial benefits was received more than two years after the cremation, making it untimely. Therefore, the appeal is denied.

The Board has decided to remand the case due to incomplete medical records and inadequate VA opinion regarding the cause of death. The Appellant's claim for service connection for the cause of death, including DIC under 38 U.S.C. § 1151, will be returned to the AOJ for further development.

The Board denied the appellant's claim for VA death benefits as her deceased father did not have recognized service to establish basic eligibility.

The Veteran's cause of death, myocardial infarction, was not service-connected due to lack of exposure to herbicides during active military service. The Board denied the claim for service connection for the cause of death and also denied DIC benefits under 38 U.S.C. § 1318.

The Board denied the Veteran's request for waiver of recovery of overpayment of educational benefits for the school term January 2012 to April 2012, finding that the creation of the debt was valid and that repayment would not be against equity and good conscience.

The Veteran's cause of death, including his small cell carcinoma of the bladder, is related to service due to exposure at Camp Lejeune. Service connection for the cause of death is granted.

The Board has determined that the Veteran's loss of all lower teeth in the mandible is a compensable dental disability incurred during active military service, warranting service connection.

The Veteran's treatment at Citrus Memorial Hospital was authorized by VA, allowing for payment of the medical expenses incurred.

The Board has decided that the Veteran's claim for service connection for vocal cord cancer should be remanded due to a lack of medical evidence linking his condition to service, specifically exposure to nuclear materials. The case will need to be reviewed again with an examination and opinion from a VA examiner.

The Board denied the Veteran's claim for nonservice-connected pension benefits because he did not have qualifying wartime service.