Other conditions decisions — 2019

The Veteran's death was due to metastatic cancer of the lung, and he had a 100% disability rating for ten years prior to his death. The effective date for DIC benefits is set at January 1, 1992.

The Veteran's death was not service-connected, and the appellant is seeking burial benefits greater than $300. The VA awarded $300 for nonservice-connected burial costs, which is the maximum allowable amount.

The Veteran's death pension benefits claim is denied because the appellant was not his surviving spouse at the time of his death.

The Board has remanded the case due to insufficient information on whether the Veteran's lung disability is secondary to his service-connected PTSD, including its medications. The VA examiner needs to provide an opinion regarding the relationship between the Veteran's obesity and his PTSD.

The Board denied the appellant's claim for nonservice-connected pension benefits because her income consistently exceeded the maximum annual pension rate (MAPR).

The Veteran's death was not service connected, and the appellant did not have a pending claim for VA compensation or pension benefits at the time of his death. The appeal is denied as there are no legal grounds to award burial benefits.

The Board denied the Veteran's claim for service connection for a right elbow disability, finding that there was no evidence of a current disability during or after service and that any such disability is not related to his active military service.

The Veteran's AML required a bone marrow transplant and had infections recurring at least once every six weeks from June 13, 2012 to March 16, 2016. The Board granted an initial disability rating of 100 percent for this period.

The Veteran's widow died in September [redacted], 2013. The Appellant, who is the deceased's daughter, submitted an application for accrued benefits on April 22, 2015, more than a year after her mother's death. The VA denied the claim because it was filed outside of one year from the date of death. The Board upheld this decision.

The Veteran's right thumb disability with degenerative joint disease is granted a 10 percent rating, effective from the date of this decision.

The Board denied the Appellant's claim for additional accrued benefits in excess of $10,167.76 as she does not meet the statutory definition of a 'child' for receiving such benefits.

The Board found that the Veteran's right foot hallux valgus with hammer toe deformities was not incurred in service and is not related to his service-connected left great toe disability. The claim for service connection is therefore denied.

The Board denied the Veteran's request for waiver of recovery of an overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to lack of undue hardship, no defeat of the purpose of the benefit, and unjust enrichment.

The Veteran's claim for special monthly pension based on need for regular aid and attendance or by reason of being housebound was denied as he does not have disabilities that render him unable to adequately attend to the needs of daily living without the regular aid and attendance of another person. The claim for special monthly compensation at the housebound rate was also denied due to lack of evidence showing permanent confinement to his home.

The Board has determined that additional development is necessary to determine if the appellant can be recognized as the surviving spouse of the Veteran for VA benefits purposes. The AOJ should search for any divorce decrees between the Veteran and the appellant.

The appellant is seeking an amount of accrued benefits greater than the $60.00 she has already been awarded as reimbursement for expenses incurred during her mother's last sickness or burial. She also asserts that the entire accrued benefit amount should be paid to her mother’s estate, which had not received the funds due to VA's failure to timely appoint a fiduciary and establish a fiduciary account on behalf of the Veteran's surviving spouse.

The Board has remanded the case for an addendum opinion regarding whether the Veteran's jaw condition is at least as likely as not related to her March 2004 extractions or manifested during service. The issues of service connection for dental and sinus conditions remain denied.

The Veteran's claim for reimbursement of medical expenses is remanded due to missing records and the need for a VA clinician to determine when the emergency ended and whether the Veteran was stable for transfer to a VA facility.

The Board has not made a decision on whether the Veteran's death was caused by exposure to jet fuel exhaust or liquid chemical explosives. The case is being sent back for an opinion from a VA clinician.

The Appellant's claim for death pension is denied because she was not married to the Veteran at the time of his death and therefore cannot be considered his surviving spouse.