Other conditions decisions — 2020

The Veteran did not serve during a period of war, so his surviving spouse is not eligible for VA nonservice-connected death pension benefits.

The Veteran's cause of death is due to multiple organ system failure, with the primary cause being osteosclerotic myeloma. The Board finds that the Veteran was exposed to herbicides in service and his osteosclerotic myeloma is related to this exposure. Service connection for the cause of death is granted.

The Veteran's service is not considered qualifying for nonservice-connected pension benefits as he did not serve during a period of war and was discharged due to a pre-existing condition.

The Veteran's death was not caused by any service-connected disability, and there is no evidence of exposure to herbicide agents during his military service. The Board denied the claim for service connection for cause of death.

The Veteran's monocytic leukemia, which was not service-connected, is considered to have contributed to his death. The Board found no evidence that the leukemia was incurred or aggravated during active duty or ACDUTRA.

The appellant is not recognized as the surviving spouse of the Veteran for VA death benefits due to a divorce in 1998 and lack of remarriage.

The Board has remanded the claim for a right leg disability due to incomplete compliance with previous instructions, specifically failing to obtain an Acceptable Clinical Evidence (ACE) opinion as directed.

The Veteran's claim for an earlier effective date for his grant of additional dependency compensation is denied as there is no dispute over the relevant facts and the law does not allow for an earlier effective date.

Effective February 1, 2012, the Veteran is granted a 100% rating for vascular neurocognitive disorder with behavioral disturbances and SMC based on need for aid and attendance of another person. The issue of entitlement to higher ratings for other service-connected conditions remains pending.

The Board has remanded the claim for an initial compensable evaluation for scars of the bilateral upper extremities due to discoid lupus, as there is a need for further examination and opinion regarding the severity of the Veteran's disability since May 2009.

The Board has remanded the case due to issues with obtaining missing in-patient hospital records and addressing conflicting evidence regarding scarring and eye involvement.

The Board has determined that there is insufficient information in the audit to properly determine if the overpayment of educational assistance benefits was created. The case is being remanded for further development and clarification.

The Veteran's claim for a higher rating for residuals of cancer of the palate, status-post surgery is denied as there is no evidence of active malignancy or treatment during the appeal period.

The Board has decided to remand the case due to inadequate opinions regarding service connection for UTIs, which may be related to service or secondary to a service-connected condition. The Veteran's lay statements and medical records will need to be considered in detail.

The Veteran's claim for service connection for porphyria cutanea tarda is remanded due to the need for a VA examination and further review of his exposure history.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and remands it for compliance with contested claims procedures.

The Veteran's claim for nonservice-connected pension was denied because his income exceeded the maximum annual pension rate (MAPR). The Board found that he did not provide necessary information to substantiate his claim.

The Veteran's left leg peripheral vascular disease (LLE PVD) was denied a rating in excess of 40 percent prior to November 12, 2009.,The Veteran's right leg peripheral vascular disease (RLE PVD) was denied a rating in excess of 40 percent between November 12, 2009 and April 28, 2011. After that date, the RLE PVD was also denied a rating in excess of 40 percent.

The Veteran's surviving spouse claim is denied as the state of Nevada does not recognize common law marriage, and the Appellant has failed to provide evidence that she was unaware of this legal impediment.

The Veteran's claim for higher-level special monthly compensation was received on October 10, 2007. The effective date of the grant is October 10, 2007.