Other conditions decisions — 2019

The Board found that the appellant is entitled to recognition as the surviving spouse of the Veteran for the purpose of VA death benefits, resolving reasonable doubt in favor of the appellant.

The Board has remanded both issues for further action, including a determination on the validity of the debt and the request for waiver of overpayment.

The Board has determined that there were pending claims for death pension benefits and last sickness or burial expenses paid by the appellant. These claims are being remanded to allow for further consideration of the evidence.

The Board has determined that the appellant's remarriage to R.S. after the Veteran’s death means she is not recognized as the surviving spouse, and thus cannot bring a claim for service connection for the cause of the Veteran’s death.

The Board denied an earlier effective date for the award of service connection for ovarian cyst, finding that July 12, 2013 is the appropriate effective date based on receipt of a new and material claim.

The Veteran's claim for service connection for a big toe disability is denied as there is no current evidence of such a condition.,The Veteran's claim for service connection for cold weather injury, bilateral ear lobes is denied due to lack of documented findings and treatment.

The Board has decided to remand the case due to missing pension related documents, which could affect whether the appellant's pension benefits should have been terminated based on unreported income.

The Board has remanded the cases for further development due to incomplete records and insufficient opinions regarding the etiology of the Veteran's right ear pain and HIV infection.

The Board denied the appellant's claim as a surviving spouse of the Veteran, finding that she did not meet all requirements for recognition as such based on the evidence of record.

The Veteran's service-connected disabilities have not caused an employment handicap, and he does not qualify for vocational rehabilitation benefits under Chapter 31 of the United States Code.

The Veteran's bilateral shin splints are being remanded for further examination and opinion regarding their etiology, as the current medical evidence is conflicting.

The Veteran disputes receiving separation pay and the VA has been withholding it from her disability compensation. The case is remanded to obtain an amended DD 215 form.

The Veteran's cause of death was attributed to liver cancer, which the Board notes may have been caused by recurrent episodes of cholangitis after Whipple surgery for pancreatic cancer in 1995. The appellant asserts that the Veteran’s pancreatic cancer was due to herbicide exposure during service in Vietnam. However, no medical opinion evaluating any relationship between his pancreatic cancer and military service has been provided.

The Board has decided to remand the case due to incomplete development regarding radiation exposure, service in Iraq/Kuwait/Bahrain, and environmental exposures during service in the Southwest Asia theater. The Veteran's CML is being considered for direct service connection.

The Board has decided to remand the case due to procedural issues and potential validity of the debt, including a missing waiver request.

The Board denied the Appellant's claim for VA death benefits as her deceased husband did not have certified U.S. service, and therefore does not meet the basic eligibility requirements for VA benefits.

The Veteran's claims for compensable ratings for right hip sprain with limitation of extension, left hip sprain with limitation of extension, and left hip sprain with limitation of flexion have been denied as the evidence does not show that either hip disability meets or approximates the criteria for a 10% rating.

The Board denied an earlier effective date prior to November 2, 2016 for the award of dependency benefits for the Veteran's spouse due to the Veteran not submitting requested dependency information within one year of a rating action that gave rise to such entitlement.

The Veteran's cause of death was due to liver cancer, which the Board found to be related to his presumed exposure to herbicides in service. As a result, the claim for service connection for the cause of the Veteran’s death is granted. The appeal for DIC under 38 U.S.C.A. § 1318 is dismissed as moot.

The Board denied the appellant's request for a waiver of overpayment for death pension benefits in the amount of $18,804.00 as it was not timely filed.