Other conditions decisions — 2019

The Board dismissed the appeal because the appellant died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits.

The Veteran's spouse is not considered a surviving spouse for VA benefits because the couple was legally divorced at the time of the Veteran's death.

The Board found that the appellant's income exceeded the maximum annual pension rate for a surviving spouse with no dependents, leading to the termination of her VA survivors pension benefits effective December 1, 2013. The claim for restoration of these benefits is denied.

The Board has remanded the Veteran's claims for service connection for gall bladder removal and pancreas condition due to radiation exposure. The RO must obtain all relevant medical records, including those from his May 2013 surgery, and schedule a VA examination to determine if these conditions are related to his military service.

The Veteran's appeal for a compensable rating for bilateral hearing loss has been dismissed due to the death of the appellant.

The Veteran's non-Hodgkin’s lymphoma is granted as service connection due to presumed exposure to herbicide agents (Agent Orange) during his service in Thailand.

The Board has granted the appellant's status as the Veteran's surviving spouse for VA benefits purposes, finding that they continuously cohabitated for 14 years and had no separation due to fault.

The Veteran's atherosclerotic cardiovascular disease is granted as due to herbicide exposure (Agent Orange).

The Veteran's claim for service connection for a brain tumor/pineal gland cyst abnormality and hysterectomy is being remanded due to the need for additional medical examination.

The Veteran's claim for increased ratings for radiation proctitis is remanded due to the need for additional medical records and possibly a VA examination.

The Veteran's request for waiver of overpayment of VA pension benefits was denied because it was not made within the required 180-day period after notification of the overpayment.

The Veteran's claim for service connection for myelodysplastic syndrome, claimed as leukemia, due to herbicide exposure is denied. The earlier effective date for a 70% evaluation for PTSD is also denied.

The Board denied a compensable initial rating for the Veteran's right hip strain, finding that there was no evidence of functional limitation due to pain or other factors.

The Veteran's ankylosing spondylitis is currently rated at 20 percent, but the Board has granted a 40 percent rating based on frequent flare-ups of pain limiting forward flexion to 30 degrees or less. The appeal for TDIU remains pending.

The Board has found that VA did not fulfill its obligations under the procedures for contested claims, and thus this claim must be remanded to ensure compliance with all specialized contested claim procedures.

The Board has remanded the case due to inadequate VA examination, requiring a new one with detailed information on functional loss during flare-ups.

The Board has remanded the case due to a lack of an SOC for the apportionment amount claim. The appellant is instructed to file a substantive appeal.

The Board denied service connection for the cause of the Veteran’s death due to liver failure/Necrosis and HIV, both not shown in service or within one year of discharge. The Board found that neither condition was caused by or aggravated by military service.

The Veteran's skin conditions, including an epidermal cyst and senile purpura of the bilateral arms and legs, are being remanded for further examination as there is insufficient evidence to determine their etiology.

The Veteran's claim for service connection for other specified trauma and stressor related disorder was granted with an effective date of January 5, 2015. The Board denied a request for an earlier effective date.