Other conditions decisions — 2019

The Board has ordered a remand due to the failure of VA to obtain Tricare records from the Veteran's service period in Vietnam. The appellant is seeking service connection for residuals of a partial left lung lobectomy, which they argue should be granted based on presumed exposure to Agent Orange during service.

The Board denied DIC benefits because the appellant and the Veteran did not meet the marriage date requirements for DIC benefits, as they were not married during the Veteran's period of active service or within fifteen years after its termination.

The Veteran's permanent and total disability incurred in service prior to the appellant reaching age 26 qualifies her for Chapter 35 DEA benefits.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for VA death benefits, finding that she did not meet the continuous cohabitation requirement and that new evidence submitted since July 2010 was insufficient to reopen her claim.

The Board has remanded the case due to the need for additional information regarding the Veteran's incarceration and the appellant's expenses in caring for her child. The decision is pending further development.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to environmental toxins at Fort McClellan, which may be related to his non-Hodgkins lymphoma.

The Board has remanded the case due to issues related to an overpayment of VA compensation benefits, specifically regarding whether the amount of $1,724.83 was properly created and if a waiver is appropriate.

The Veteran's service is not considered active duty during a period of war, thus he does not meet the eligibility requirements for nonservice-connected pension.

The Board has decided to remand the case for further development due to the complexity of the appeal and the need for an independent medical opinion.

The Veteran's overpayment of VA compensation benefits due to removal of a dependent from the award was denied as it was not solely based on administrative error.

The Veteran's post-phlebitic syndrome, left forearm has been granted a disability rating of 10 percent for the entire period on appeal.

The Board has decided that the Appellant owes $6,341.03 in housing allowance overpayments for periods when the Veteran was on active duty. The decision is remanded due to lack of relevant service personnel records and a missing initial decision letter.

The Veteran's cause of death was not related to his military service, and he did not meet the requirements for DIC under 38 U.S.C. § 1318 or basic eligibility for nonservice-connected pension benefits due to lack of qualifying wartime service. The claim for SMC based on aid and attendance/housebound is also denied.

The Board has decided to remand the case due to a need for additional development of evidence regarding whether K.L.H. can be recognized as the Veteran's adopted child for purposes of VA benefits.

The Board denied the Veteran's claim for non-service-connected disability pension benefits due to his dishonorable character of service, which bars him from receiving VA benefits.

The Veteran's claims for an earlier effective date and TDIU have been dismissed due to his death.

The Veteran's service-connected deep vein thrombosis of the bilateral lower extremities is currently rated at 20 percent, and the Board finds that additional development is needed to determine if a higher rating is warranted.

The Board has remanded the case due to incomplete records from the Department of the Navy, specifically inpatient and outpatient treatment records for the Veteran from January 1, 1956 through January 1, 1992. The Appellant must provide these records.

The Board has remanded the case due to inadequate opinions and a need for further examination regarding the Veteran's breast cancer diagnosis and treatment.

The Veteran has an employment handicap for VR&E benefits purposes, and the appeal is granted.