Other conditions decisions — 2020

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse for VA death benefits due to their marriage not meeting the legal requirements, including being less than one year prior to the Veteran's death and not legally recognized in Arizona.

The Board has decided that the Veteran's claim for service connection for pleural plaques, including as due to asbestos exposure, should be remanded for further development and examination.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further consideration.

The Board has remanded the Veteran's claims for service connection, increased rating, and TDIU due to incomplete development of evidence and need for a VA examination.

The Veteran withdrew his appeal for service connection for syphilis and total disability rating based on individual unemployability (TDIU). The Board dismissed the appeal as a result.

The Board denied the Appellant's claim for dependent child benefits on the basis of permanent incapacity for self-support before attaining the age of 18 due to insufficient evidence showing she was permanently incapable of supporting herself prior to turning 18.

The Board has decided to remand the case due to conflicting information regarding taxes paid by the Veteran and an audit is needed to determine the validity of the debt for recoupment of separation pay.

The Veteran's VRAP benefits were denied because he did not attend Cortiva Institute full-time during the specified period, despite being eligible for VRAP.

The Board denied service connection for a urinary disorder, but did not address secondary service connection for fibromyalgia. The Veteran's arguments do not meet the criteria for CUE.

The Board has vacated the portion of its September 19, 2018 decision denying an earlier effective date for a TDIU. The motion to revise this decision on grounds of clear and unmistakable error is dismissed.

The Board has granted service connection for a bilateral eye disability, including loss of vision, finding that the Veteran's current condition is at least as likely as not related to his military service. The decision resolves all reasonable doubt in favor of the Veteran.

The Board denied accrued benefits in excess of $649.00 for reimbursement of last sickness/burial expenses because the appellant did not provide sufficient evidence to show that she paid medically necessary expenses related to her mother's last illness.

The Board has remanded the case for additional development regarding the Veteran's left fifth finger disability, including an examination to assess its severity and functional impairment. The issue of service connection for a left hand disability is referred back to the AOJ.

The Board has granted the claim of service connection for the cause of the Veteran's death, finding that the evidence is at least evenly balanced as to whether his fatal left upper lobe adenocarcinoma was related to his exposure to asbestos in service. The reasonable doubt created by this relative equipoise in the evidence must be resolved in favor of the appellant.

The Board denied the appellant's claim for recognition as the surviving spouse for VA Dependency and Indemnity Compensation (DIC) benefit purposes due to her divorce from the Veteran prior to his death in March 2012.

The Board denied service connection for severe dental erosion due to teeth grinding, finding that the condition was not incurred in or due to service and is not proximately due to any service-connected disability.

The Veteran seeks an earlier effective date for VA dependency benefits for her daughter, J. N., and the propriety of a later effective date for termination of benefits for her former spouse, R. N.,There is uncertainty regarding the exact date of the Veteran's divorce from her former spouse, R. N., which impacts the determination of when the termination of VA dependency benefits should have occurred.

The Veteran's appeal has been dismissed due to their death, and the Board does not have jurisdiction to proceed with the merits of the case.

The Board has determined that the Veteran's appeal regarding the validity of the debt created by removing her former spouse from her VA dependency benefits award is remanded. The overpayment issue related to this determination will also be addressed, and a waiver of recovery may be considered if necessary.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for parasthesia of the lower left chin/lip (claimed as numbness) was denied due to lack of evidence showing negligence or fault on the part of VA in providing care, and the condition is a known risk factor for dental implants.