Other conditions decisions — 2019

The Board denied the appellant's claim to be recognized as a surviving spouse for purposes of establishing DIC benefits due to lack of evidence of a valid common-law marriage, despite the Veteran and the appellant having lived together in New Jersey.

The Board denied the Veteran's request to recognize his grandchildren as dependent children for VA purposes, stating that they are not legitimate or stepchildren and thus do not meet the legal criteria.

The Veteran was found to be permanently and totally disabled due to TDIU, but the appellant did not meet the legal criteria for Chapter 35 DEA benefits as she had reached age 26 before her basic eligibility for such benefits was established.

The claimant did not file a timely application for accrued benefits within one year of the death of her mother, who was receiving special monthly pension benefits. The Board denied the claim as the evidence does not support that an application was filed before August 2014.

The Board has decided to remand the Veteran's claims for service connection for an eye disorder, bilateral foot disabilities, automobile and adaptive equipment or adaptive equipment only eligibility, and nonservice-connected pension based on a need for aid and attendance due to inadequate medical opinions and missing records.

The Veteran's service was found to be only active duty for training, not active duty service. Therefore, he does not meet the criteria for nonservice-connected pension.

The Board has reopened the claim of service connection for a bilateral foot disorder and granted it, finding that the Veteran's pre-existing congenital condition was aggravated by his active service.

The Board has remanded the claim of entitlement to waiver of recovery of an overpayment debt of VA disability compensation benefits in the amount of $3,106.67 due to a failure to issue a Statement of the Case (SOC).

The Veteran's service did not meet the requirements for nonservice-connected pension benefits as they did not serve on active duty for at least 24 continuous months and their period of service does not correspond to a 'period of war' as defined by statute.

The Board has dismissed the claim for a waiver of overpayment because it was granted and rendered moot.

The Veteran's claim for payment of unauthorized medical expenses is denied as the claim was not filed within 90 days following discharge from the facility.

The Board previously denied service connection for non-ischemic cardiomyopathy with CHF due to herbicide exposure, but the Court has ordered a remand as there was insufficient explanation of why further medical inquiry is needed. The case is now being sent back for a VA examiner to provide an opinion on whether the Veteran's current heart conditions are related to his service and herbicide exposure.

The Veteran's active duty service was less than 18 months, and she is not entitled to Chapter 33 education benefits at a rate higher than 60 percent.

The Veteran's claim for payment of private medical expenses incurred on December 1-3, 2010, is denied as he did not receive care under VA Chapter 17 within the 24 months prior to his treatment.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of potential private treatment records. The issues include service connection for left and right foot conditions, as well as increased ratings for cervical strain and PTSD with major depressive disorder.

The Veteran's appeal has been dismissed due to his death, and the surviving spouse's request for substitution is referred to the AOJ.

The Veteran's appeal is remanded for a VA examination to assess the nature and etiology of his bilateral lower extremities nerve pain and numbness, as well as any current neurological disabilities associated with his service-connected hallux valgus.

The Veteran's application for Chapter 33 education benefits was denied due to lack of qualifying service. The Board has ordered the case back to obtain his complete service personnel records, including all documents pertaining to his Army National Guard service.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's Paget's disease, which is related to presumed herbicide exposure during service. The Veteran will be provided with an opportunity to provide information about any relevant medical records and will undergo a VA examination to determine if his Paget's disease is related to his military service.

The Veteran's claim for service connection for alcohol abuse disorder is denied because the condition is not a compensable disability and there is no evidence of an in-service injury or disease that caused or aggravated this condition.