Other conditions decisions — 2019

The Veteran's appeal is dismissed because he died during the pendency of his appeal, and thus the Board has no jurisdiction to adjudicate the merits of this case.

The Veteran's service-connected cardiac artery disease (CAD) was granted a temporary evaluation of 100 percent from April 11, 2015 to August 1, 2015; and from September 29, 2016 to January 1, 2017. From January 1, 2017 onwards, the Veteran was granted a permanent evaluation of 100 percent for his CAD.

The Veteran's appeal for an earlier effective date to recognize his current spouse, C.D., as a dependent for purposes of additional compensation was denied. The earliest claim received after the June 2014 decision denying recognition of C.D. as a spouse was on December 14, 2015.

The veteran's death was not service-connected, and the appellant is entitled to nonservice-connected burial benefits as her father had been receiving pension and special monthly pension at the time of his death.

The Veteran's appeal for service connection for hairy cell leukemia and pancreatic cancer, both linked to Agent Orange exposure, has been dismissed due to the death of the Veteran.

The Veteran's overpayment claim is being remanded for a paid and due audit of her benefits since Fiscal Year 2009 to determine if an overpayment was created.

The Veteran withdrew his appeal for an increased rating greater than 60 percent for his service-connected heart disability.

The Board granted a waiver of the overpayment of $13,309.60 due to the Veteran's service-connected active duty pay and VA fault in withholding benefits.

The Veteran's appeal has been dismissed because they died during the pendency of the appeal, and the Board does not have jurisdiction to adjudicate the merits of this case.

The Veteran's appeals for compensation under 38 U.S.C. § 1151 and TDIU were dismissed due to the death of the appellant.

The Board has remanded the case due to an incomplete income verification from the Social Security Administration (SSA) for the years 2009 to 2015, as the appellant did not submit these reports. The VA is requesting that she provide this information to verify her income and determine if she met the income requirements for death pension benefits.

The Board granted a general apportionment to the appellant on behalf of E.R. (the Veteran's child), in the amount of the dependency allowance for one dependent child from the Veteran’s VA disability compensation benefits, as the Veteran did not reasonably discharge his duty of support for E.R.

The application to reopen the previously denied claim for service connection for a rectal ulcer disorder is denied. The application to reopen the previously denied claim for service connection for a respiratory disorder (asthma with asbestosis) is granted, but the case is remanded due to missing records and need for further medical opinion regarding causality.

The Veteran's adult daughter is not eligible for accrued benefits as she does not meet the statutory definition of a child within VA purposes. The appellant has already been awarded $2501.75 in funeral costs, and no further proof was provided to support her claim.

The Veteran's death is being remanded due to the need for additional development and examination, as his claim for service connection for throat cancer remains under AOJ jurisdiction.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicide agents and his diagnosis of multiple myeloma. A VA examination is needed to determine if there is a link between the Veteran's service, including his time at Fort McClellan, and his condition.

The Board has decided to remand the case due to insufficient information regarding whether the Veteran's lung disability, including idiopathic pulmonary fibrosis, is related to service exposure. The Veteran was exposed to asbestos and other hazards during his military service but no diagnosis of asbestosis was found.

The Veteran's claims for service connection are remanded due to the need for further medical examination and opinion regarding her claimed disabilities, which she contends are secondary to a hysterectomy performed in April 2015.

The appeal for service connection for a dental disability is dismissed due to the appellant's death.

The Veteran's claim for an effective date prior to October 9, 2018, for a grant of additional benefits for a dependent was denied as he had constructive notice of his rights and entitlement to the benefits.