Other conditions decisions — 2019

The Board denied the claim for Dependency and Indemnity Compensation (DIC) as new and material evidence was not submitted to reopen the claim.

The Board's decision is remanded due to the need for further development and reconsideration of the appellant's claim for a one-time payment from the FVEC.

The Veteran's appeal was denied as the VA did not owe him additional retroactive payment due to an overpayment error. The VA refunded $8,694 and cancelled the remaining debt of $13,069.

The Veteran's discharge from active duty was found to be a hardship discharge, allowing her basic eligibility for VA home loan guaranty benefits.

The Veteran's fiduciary submitted a VA Form 21-8416 for unreimbursed medical expenses incurred in 2013, which was received by VA in March 2015. The Board found that the apparent nonreceipt of this form was due to transition from paper to electronic claims files and granted the Veteran's claim.

The Veteran's pancreatic cancer, which caused his death, is found to be causally related to herbicide exposure in service. Service connection for the cause of the Veteran’s death is granted.

The Veteran's claims of entitlement to special monthly pension based on being permanently housebound and the need for aid and attendance were denied. The Board has ordered remand due to additional evidence added to the file.

The Veteran's son was denied additional payment of accrued benefits as he did not meet the requirements to receive such benefits, including being under 23 years old at his mother's death and not permanently incapable of self-support before age 18.

The Board has granted service connection for the Veteran's prostate condition (BPH) and urinary condition, finding that both conditions are related to his military service.

The Veteran's appeal for special monthly compensation (SMC) based on the need for aid and attendance or being housebound has been dismissed due to his death.

The Board denied the Veteran's claims for effective dates prior to December 19, 2008 for radiculopathy of left lower extremity, right upper extremity, and left upper extremity.,The Board found that the evidence did not support earlier effective dates due to normal neurological findings during a July 2005 VA examination.

The Veteran's death certificate shows he died from acute myelomonocytic leukemia, which is a type of CMML. The Board notes that exposure to herbicides has been conceded but finds an opinion needed on whether the Veteran’s CMML was due to in-service exposure to herbicides.

The Board denied the Veteran's claim for service connection for cause of death, finding that there was no evidence linking the Veteran's death to his military service or a service-connected disability. The claims for depression with insomnia, lung disability, and heart disability were also dismissed as they had been previously denied.

The Board has remanded the Veteran's claims for service connection for loss of teeth due to lack of evidence regarding the extent of bone damage and whether the lost teeth are replaceable. The case will be returned to the RO for further action.

The Veteran's appeal for a permanent disability rating was dismissed as he withdrew his appeal, satisfied with the October 2018 decision that determined his adjustment disorder with depressed mood is a static disability.

The Board has reopened the determination that the former service member's discharge is a bar to VA benefits due to new evidence showing mental issues. However, the character of his discharge remains dishonorable and constitutes a bar to DIC and death pension benefits.

The Board has reopened the Veteran's claim for service connection of a right ring finger disability and granted it. The decision is based on continuity of symptomatology since service.

The Board has determined that the Veteran's gastric cancer, which caused his death, was due to asbestos exposure during service. As such, service connection for the cause of the Veteran's death is granted.

The Veteran's income exceeded the maximum annual pension rate limit, thus he is not eligible for nonservice-connected pension benefits.

The Board has determined that additional development is needed for the Veteran's claims of an increased rating for cholinergic urticaria and TDIU due to service-connected disabilities. The Veteran will be scheduled for a VA examination to assess his current level of severity, and all pertinent treatment records must be obtained.