Other conditions decisions — 2019

The Board denied the appellant's claim for an adjustment to nonservice-connected special monthly pension benefits, finding that there was no evidence of unreimbursed medical expenses paid within the required timeframe.

The Board has granted the Veteran's claim for service connection for esophageal cancer, finding that it is at least as likely as not related to his military service.

The Board has determined that the Veteran's squamous cell carcinoma in the throat and lymph nodes, diagnosed as tonsil cancer, is presumed to be related to his exposure to herbicide agents during service. The evidence shows he served in Vietnam and was exposed to Agent Orange. Given this presumption, the claim for service connection is granted.

The Veteran's representative withdrew the claim for SMC based on Aid and Attendance prior to a scheduled hearing, so the claim is dismissed.

The Board has decided to remand the case due to insufficient evidence regarding whether the appellant's squamous cell carcinoma of the left tonsil is related to his exposure to herbicide agents during service. The VA will need to conduct a medical examination and provide an opinion on this issue.

The Board's decision was found to be clearly and unmistakably erroneous in denying an extension of the delimiting date for DEA benefits beyond December 17, 2011. The decision is revised to reflect a grant of an unlimited delimiting date for DEA benefits.

The Board has denied service connection for urethral stricture, finding that the condition did not have its onset during or is otherwise related to service.

The Veteran's service is not considered active military service for the purpose of receiving VA nonservice connected pension benefits. Therefore, the appellant is not eligible for entitlement to VA death pension benefits and her claim must be denied.

The Board has granted an earlier effective date of January 1, 2016 for the award of Dependency and Indemnity Compensation (DIC) due to a death in service.

The Board has determined that the appellant's claim for accrued benefits due and payable to her mother is remanded. The appellant seeks reimbursement for last expenses of her mother, but the VA did not specify how much in accrued benefits was owed at the time of her death.

The Veteran's deviated septum was granted service connection. The left ring finger and left hand disabilities were denied.,A remand is required to determine if the Veteran has a current left shoulder disability.

The Board denied recognition as the Veteran’s surviving spouse for VA benefits due to inconsistent statements regarding marital status and cohabitation, with no evidence of continuous cohabitation from the date of marriage to the Veteran's death.

The Veteran's surviving spouse did not file a claim for accrued benefits within one year of the Veteran's death, and therefore her application was denied.

The Board denied the Veteran's request for an earlier effective date for compensation based on a dependent spouse, finding that November 23, 2011 was the latest of the dates when dependency arose or claim was received.

The reduction of the 30 percent rating for TMJ to a 10 percent rating was improper and restored to a 20 percent rating. The case is remanded for further evaluation of both TMJ and residuals of a head injury.

The Board denied service connection for left hip arthritis and remanded the issue of a rating in excess of 10 percent disabling for lichen planus.

The Board finds the overpayment debt of $18,332.82 is unclear and requires further audit to provide a detailed accounting. The Veteran should be asked for LES records from September 2013 to December 2013 to support his claim that he did not receive active duty pay during this period.

The Board has remanded the case for further development due to new evidence and additional argument submitted by the Veteran.

The Veteran's claim for service connection for a transient ischemic attack (including any residuals) is denied as there is no current disability and the evidence does not support a finding of a TIA during his active duty.

The Veteran's overpayment debt of $1,036.00 was due to a retroactive reduction in his compensation benefits for the removal of his spouse as a dependent. The appeal is denied.