Other conditions decisions — 2019

The Board denied the appellant's request for an earlier effective date for the apportionment of benefits, finding that her financial information was not submitted until April 2014 and the Veteran's financial information was not available until June 2015. The effective date is set at May 1, 2014.

The Veteran's claims for clothing allowances for capsaicin cream and sunscreen were denied as there was no evidence of irreparable damage to his outer garments due to the use of these medications.

The Board denied the Veteran's claim for service connection for osteopenia, finding that there is no current disability associated with the condition and thus not meeting the criteria for a compensable disability.

The Board has remanded the case for additional development, including obtaining VA and private treatment records and a new examination to determine if any currently present heart disabilities are related to active service or in-service herbicide exposure.

The Veteran's bilateral hip disabilities have affected his ability to perform daily activities and requires assistance. The Board has ordered additional medical records to be associated with the claims file, and a VA examination is needed to determine if he needs aid and attendance.

The Board found that the Veteran's left elbow condition is related to his military service and granted service connection for it.

The Veteran's claims for increased ratings for his right forearm, right thigh muscle injury, right forearm scar, left thigh scar, and right thigh scar have been denied. The VA determined that the evidence did not support findings consistent with more severe disabilities required for higher ratings.

The Veteran's service was during a peacetime era and he did not serve for 90 days during a period of war. Therefore, he is not eligible for special monthly pension based on non-service connected disability.

The claim of the Appellant to receive housebound benefits as an accrued benefit is denied because she does not meet the statutory definition of a 'child' and her appeal for reimbursement of funeral expenses, rather than payment of accrued benefits, cannot be granted.

The Veteran's service-connected pleural plaques due to asbestos exposure is currently rated as noncompensable. The VA examiner opined that the results of the PFT are reflective of the Veteran’s non-service connected COPD and not due to downward decline from his asbestos exposure.

The Veteran's additional dependency benefits for his spouse are already at the maximum rate and he is not entitled to a higher rate.

The Veteran died in September 2005 and had not received any VA compensation at the time of his death. The appellant's claim for accrued benefits is denied as the Veteran was not entitled to any VA compensation.

The Veteran's daughter, T., was denied additional dependency benefits based on school attendance from August 2007 to December 2011 due to the lack of timely filing under VA regulations.

The Board denied DIC benefits based on the Veteran's cause of death, finding that his lung cancer was not related to service or asbestos exposure. The evidence did not support a connection between the Veteran’s military service and his death.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private facility was denied due to untimely filing, and he is not eligible under the Veterans Millennium Health Care and Benefits Act.

The Veteran's metastatic pancreaticobiliary adenocarcinoma is found to be etiologically related to Agent Orange exposure during active service. The immediate cause of the Veteran’s death was metastatic pancreaticobiliary adenocarcinoma, and the claim for service connection for the cause of the Veteran’s death is granted.

The Board has determined that additional development is needed to determine the extent of any muscle injury or disability associated with the Veteran's service-connected right-hand disorders, including his right thumb sprain and right hand metacarpal fracture.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she did not meet the legal criteria for such status.

The Board has decided to remand the case due to incomplete medical records and a need for a new opinion regarding the Veteran's cause of death.

The Board denied the Veteran's request for an earlier effective date for adding his spouse as a dependent, finding that the earliest possible date was October 11, 2016, when he submitted the application. The effective date is set at November 1, 2016.