Other conditions decisions — 2019

The Veteran's surviving spouse appeal was denied as the appellant and Veteran did not reside together after their divorce in January 2007, and there was no intention to hold out to the public that they remained married.

The Veteran's spouse is not recognized as his surviving spouse for VA death pension benefits because she was married to someone else at the time of his death and had been divorced from him for eight years.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence, particularly regarding her Sjogren’s syndrome and bilateral upper extremity arthritis.

The Board has decided to remand the case due to incomplete medical records and insufficient opinions regarding herbicide exposure and HCC development. The appellant is asked to provide authorization for VA to obtain any outstanding medical records, including upper GI series and lab results of the Veteran's autopsy.

The Board has determined that the overpayment of VA benefits was created due to administrative error and is remanding for further action, including recalculating any remaining debt.

The Board has remanded the case for further examination and evaluation of the Veteran's right shoulder disability, as well as addressing his TDIU claim. The extension of temporary total disability evaluation is denied.

The Board has remanded the cases for further examination and rating due to a lack of adequate information regarding the severity, frequency, and duration of any flare-ups in the Veteran's bilateral knee disabilities.

The Veteran's appeal for an earlier effective date for dependency benefits for his child, M.J.D., is denied as the earliest possible effective date has been assigned.

The Veteran's claim for additional compensation benefits as a dependent spouse was denied because he did not inform VA of his divorce and subsequent marriage within one year of the marriage, which is required by law.

The Board denied the Veteran's claim for service connection for residuals of a right thigh injury as new and material evidence was not received to reopen the previously denied claim.

The Board has determined that the Veteran's Chronic Lymphocytic Leukemia (CLL) is related to his active duty service, and thus grants service connection for CLL.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's left eye disability and right eye disability. The claim will be reviewed again with a new examination.

The Veteran's spouse was not recognized as his surviving spouse for VA death benefits because the marriage ended in divorce, not at the time of the Veteran's death.

The Veteran's claim for service connection for stomach problems, to include a stomach ulcer, is reopened and remanded due to the need for additional evidence and examination.

The Veteran's claims for increased disability evaluations for his right hamstring tendonitis and left foot status-post stress fracture, 3rd metatarsal were denied. The case is remanded to obtain updated VA treatment records.

The Board found the overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits in the calculated amount of $3,595.50 to be valid and denied the Veteran's appeal.

The Veteran's overpayment of VA compensation benefits due to receipt of active service pay for 4 drill days in FY 2014 was properly withheld, and the appeal is denied.

The Veteran did not serve during a designated war period, so the Appellant is not eligible for survivor's pension benefits.

The Veteran's nasal disability is rated as noncompensable prior to May 15, 2013, and 10 percent disabling thereafter. The Board finds a 10 percent rating for the entire period on appeal.

The Board has remanded the case for a VA medical examination to determine if the appellant was insane at the time of his discharge due to being AWOL from specific dates. The appeal does not involve service connection.