Other conditions decisions — 2019

The Board has granted recognition of J. as the Veteran's dependent spouse for VA purposes, given that he is in receipt of disability compensation and his marriage to J. meets the requirements under VA regulations.

The Board has decided to remand the case due to insufficient information in the record, particularly regarding the Veteran's current visual acuity and the relationship between his service-connected conditions and any right eye disability.

The veteran does not meet the eligibility criteria for VA nonservice-connected pension benefits as he did not serve for over 90 days during a period of war and has no service-connected disabilities.

The Board found that the reduction of nonservice-connected pension benefits for the period from September 30, 2008, to May 22, 2010, was proper and denied the Veteran's claim.

The Board is remanding the case to determine if the Veteran's full Social Security Administration (SSA) benefit amount should be considered countable income for pension eligibility.

The Board has remanded the case due to inconsistencies in the Veteran's reported income and the timing of his disability retirement annuity payments, which may affect the amount of overpayment he needs to repay.

The Board has determined that the VA examination in February 2013 is inadequate and requires an addendum opinion to address whether the Veteran's macular degeneration was caused by or related to his reported head injury during service.

The Board has decided to remand the case due to inadequate medical opinions regarding the service connection for residuals of tonsillar cancer, which is presumed to be related to herbicide exposure in Vietnam.

The Board has decided to remand the case due to inadequate examination and opinion regarding a right elbow disability. The Veteran should be provided with a new VA examination to determine if his current right elbow disability is related to service.

The Board has decided to remand the case for further development due to incomplete records, including those from the Office of the Inspector General (OIG) related to a 2007 investigation into the Veteran's TDIU claim. The Veteran is asked to provide authorization for release of OIG records and VA is instructed to request archival paper records associated with the 2007 investigation.

The Board has determined that the Veteran's pre-existing left femur fracture was aggravated by his active duty service, and therefore grants service connection for residuals of a fractured left femur.

The Board found that new and material evidence has not been submitted to reopen the previously denied claims for service connection of nerve damage to the bilateral hands, left leg, color blindness, and cataracts.

The Board has remanded the case for a VA examination to determine if the Veteran's tremor is related to her military service or her service-connected PTSD with anxiety/depression.

The Board has granted a special apportionment of 20 percent of the Veteran's VA disability compensation benefits to the appellant on behalf of her son, B.J.R., due to financial hardship demonstrated by the appellant and lack of undue financial hardship for the Veteran.

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

The Board has decided that the Veteran's case for special monthly compensation (SMC) based on aid and attendance should be remanded due to a lack of an assessment of his service-connected disabilities' impact on daily activities.

The Veteran withdrew his claim for nonservice-connected pension benefits, and the Board dismissed it.

The Board denied the Veteran's claim for service connection for the cause of his death, finding that there was no evidence to suggest that any service-connected disability caused or contributed to his death. The Board noted that aspiration pneumonia was listed as the immediate cause of death on the Veteran's certificate.

The Board has not sufficient information to adjudicate the claim due to missing authorization forms and other documentation concerning prior authorization of the Veteran's medical travel. The AOJ is instructed to make all necessary efforts to obtain this information.

The Board has remanded the claim for service connection for HIV due to a lack of a VA examination or medical opinion related to his service connection claim. The appellant needs to provide more details about an in-service personal assault and verify periods of ACDUTRA, ADSW, and INACDUTRA.