Other conditions decisions — 2018

The Board has remanded the case due to the need for additional development, including obtaining more medical records and conducting a VA examination.

The Board found that the appellant and the Veteran were not legally married for one year prior to the Veteran's death, but had constant cohabitation. The appellant did not have a general reputation as husband and wife in the community prior to their marriage, thus failing to meet common law marriage criteria under Pennsylvania law.

The Board has determined that the Veteran's right eye ptosis and exotropia are related to his service, specifically a laceration he sustained in 1944 while on active duty. As such, the claim for service connection is granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and locating her SSA disability claim records. A medical opinion will be needed regarding the inferred SMC claim based on loss of use of a creative organ.

The Veteran's bilateral breast reduction surgery resulted in a significant alteration of size, warranting an initial rating of 50 percent for status post bilateral mammoplasty.

The Veteran's appeal is being remanded for additional development, including obtaining addendum medical opinions and VA examinations to determine the nature of his service-connected disabilities and their impact on his ability to work.

The Board has remanded the case for further development, including obtaining a medical opinion regarding the cause of death and determining if ischemic heart disease is related to service or a service-connected disability.

The Board found that the debt of $2,868.00 was properly created due to VA's administrative error in sending a check for the Veteran's benefit to the appellant as his surviving spouse. The Board also found that recovery of this overpayment would be against equity and good conscience due to the appellant's financial hardship and awarded waiver of the debt.

The Appellant's income exceeds the maximum annual rate established by law for payment of nonservice-connected pension benefits, thus she is not entitled to VA nonservice-connected death pension benefits.

The Board denied the Veteran's request to revoke his election of benefits under the Post-9/12 GI Bill program in lieu of benefits under the Montgomery GI Bill (MGIB) program.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his heart condition. The case will be returned to the Board for final adjudication.

The Veteran's appeal was dismissed due to the death of the appellant.

The Board has determined that the Veteran's current left leg disability is not related to his military service and therefore denied his claim for service connection.

The Veteran did not have active service for at least 90 days during a period of war, thus the claim for nonservice-connected death pension benefits is denied.

The Veteran's claim for reimbursement of National Nurse Aide Assessment Program (NNAAP) testing is granted as the criteria are met, including timely submission and approval by the Texas Veterans Commission.

The Board has determined that the Veteran's gouty arthritis did not have its onset in service or within one year of separation from service, and is not otherwise related to service. Therefore, the claim for service connection for gouty arthritis was denied.

The Veteran requested to withdraw his appeal regarding the issue of entitlement to an increase in apportionment for support of his minor child B.C. for the period beginning July 8, 2010.

The Board has determined that the Veteran does not have osteoporosis or soft tissue sarcoma, and therefore service connection for these conditions is denied.

The Board has remanded the case for further development due to inconsistencies in the examiner's findings and lack of clarification on functional limitations.

The Veteran died of metastatic multiple myeloma. The Board found no service connection for the cause of death as it was not caused by or substantially contributed to by a disability incurred in or aggravated by his active duty service.