Other conditions decisions — 2019

The appellant is not eligible for Dependency and Indemnity Compensation (DIC) benefits as a surviving spouse because she did not meet the eligibility requirements, including being married to the Veteran within 15 years of his death or having lived with him continuously from the date of marriage until his death.

The Veteran's spinal disorder was diagnosed within one year of separation from active duty service, meeting the criteria for presumptive service connection.

The Board has denied the Veteran's claim for service connection for De Quervain’s tendonitis of the right hand as it is not secondary to her service-connected fibromyalgia and there is no evidence linking the condition to an in-service injury or disease.

The Veteran's children, N.L. and M.L., are no longer considered dependent children due to their age at the time of the Appellant's claim for an apportionment on their behalf.

The Board has denied the reduction in disability rating for squamous cell carcinoma of the oropharynx from 100% to 10%, and has remanded the issue of entitlement to an increased rating for dysphagia.

The Board has decided to remand the case due to inadequate responses and missing records. The appellant's spine disability needs further examination and evaluation, including obtaining private treatment records and a medical advisory opinion.

The Veteran's cause of death (colon cancer) was due to chemical exposure while on active duty, specifically Agent Orange exposure. The claim for service connection for the cause of the Veteran's death is granted.

The Veteran's initial compensable rating for inguinal hernia repair (prior to June 10, 2015) was denied. For the period beginning June 10, 2015, a rating in excess of 10 percent for inguinal hernia repair was also denied.

The Veteran's request for waiver of overpayment of nonservice-connected disability pension benefits in the amount of $12,553.00 was denied due to fault on his part and lack of undue hardship.

The Board has decided to remand the case due to procedural issues and lack of proper notification regarding the claim.

The Veteran's hairy cell leukemia is presumed to be related to his in-service exposure to herbicide agents, and the claim for service connection is granted.

The Board denied the Veteran's claim of service connection for scleroderma, finding that there was no evidence linking his current condition to his active service. The medical opinions provided did not establish a causal relationship between his exposure at Camp Lejeune and his scleroderma.

The Board has remanded the issue of restoring a 30 percent evaluation for nephropathy effective February 1, 2017 due to the RO not having issued a statement of the case (SOC).

The Board has remanded the case due to uncertainty regarding the Veteran's exposure to herbicide agents during his service aboard the USS Perry and USS Guam, which operated in Vietnamese waters. The AOJ will need to determine if these ships conducted operations in the territorial or offshore waters of Vietnam.

The Board denied a request for an earlier effective date for the termination of the Veteran's former spouse's (W.L.L.) apportionment, finding that her divorce from the Veteran in November 2016 was the reason for terminating the apportionment.

The Veteran's appeal for an increased rating for adjustment disorder with depressed mood is remanded due to the need for updated VA treatment records and a new examination.

The Board has decided to remand the case due to the need for a medical opinion regarding the nature and etiology of the Veteran's Chiari malformation type I, specifically whether it is a congenital disease or defect that was aggravated by service.

The Board has remanded the cases for further development due to insufficient medical opinions regarding service connection for hair loss of the scalp and a skin condition of the legs and arms. The Veteran's claims are related to exposure to herbicides in Vietnam, but the VA examiner did not consider this factor or the Veteran's lay reports.

The Veteran's overpayment of schoolchildren over age 18 benefits is being remanded for further action, including the issuance of a supplemental statement of the case (SSOC) to address both the validity and waiver of the overpayment.

The Veteran's service did not meet the minimum eligibility requirements for VA loan guaranty benefits due to his short active duty period and insufficient reserve service.