Other conditions decisions — 2019

The Board has remanded the claim for entitlement to accrued benefits due to a procedural issue, as the appellant's claim was timely submitted but her application is incomplete.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's neck condition is caused or aggravated by his service-connected bilateral shoulder disabilities.

The Veteran withdrew his appeals for service connection of vision loss of the left eye and dizzy spells, also claimed as imbalance. The Board dismissed these claims.

The Veteran's children, E.B. and M.B., both have incomes exceeding the maximum annual pension rate (MAPR) for nonservice-connected pension benefits for a surviving child, thus denying their claims.

The Veteran's claim for an effective date prior to February 1, 2013 for the addition of his spouse as a dependent for disability benefits purposes was denied. The decision states that the information about the Veteran’s spouse's marital history was not received within one year of the June 2008 letter notifying him of the need to provide this information.

The Board denied service connection for recurrent painful cysts, finding that the evidence did not support a link to military service or exposure to herbicide agents.

The Board denied the appellant's claim for additional monthly DIC under 38 U.S.C. § 1311(a)(2) because they were not continuously married to the Veteran for eight years immediately preceding his death, and there is no evidence of misconduct by the Veteran that would have justified their divorce.

The Board found that the Veteran's income was below the National Means Test due to medical expenses, and thus the change in his means test eligibility category from copay exempt to copay required for income year 2016 was improper. The appeal is granted.

The Veteran's claim for service connection for anemia was denied, and his cause of death (hyperkalemia) was not found to be related to a service-connected condition.

The Board has remanded the case due to inadequate examination and incomplete treatment records. The Veteran's claim for service connection for a bilateral foot condition is being reviewed again with new evidence.

The Veteran's original claim for service connection for a thoracolumbar spine disability was denied in October 2001. The claim is now reopened due to new and material evidence received since the last final denial. However, the issue of right lumbar radiculopathy as secondary to a thoracolumbar spine disability remains pending until further development on this issue is completed.

The Veteran's cause of death, Acute Myeloid Leukemia (AML), is found to be service-connected as a direct result of exposure to herbicide agents in service. The Board finds the evidence in equipoise regarding the nexus between AML and herbicide agent exposure.

The Veteran's appeal for an earlier effective date for the addition of his spouse to his VA disability compensation award is denied. The earliest possible effective date, June 25, 2016, has already been assigned.

The Board has decided that the Veteran's TMJ disorder may be related to his service-connected sinus disability, but requires further examination and evidence to determine if it is secondary.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's squamous cell carcinoma of the tonsils and tongue is related to his service, specifically exposure to herbicides in Vietnam.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral hand disability and therefore, service connection for right and left hand disabilities is denied.

The Veteran's request for a higher level of special monthly compensation (SMC) based on the need for personal health-care services provided on a daily basis in his home is remanded due to lack of recent VA examination.

The Board has remanded the case due to issues regarding the validity of an overpayment amount of $12,153.42 and the creation of the debt.

The Veteran's cause of death, lung carcinoma, is not service-connected as there is no evidence linking the condition to his military service.

The Veteran's claim for service connection for stomach pain, including the secondary condition of right appendix removal, is being remanded due to new evidence suggesting an in-service appendectomy. The issue regarding CUE in a previous rating decision is also referred to the AOJ.