Other conditions decisions — 2021

The Board has decided that the appellant's claim for survivors' pension benefits needs to be remanded due to incomplete information about her Social Security income and unreimbursed expenses.

The Board dismissed the appeal due to the Veteran's death, as appeals do not survive their deaths. The case is dismissed without prejudice and will be reactivated if the surviving spouse is eligible for substitution.

The Board has granted service connection for acute myelocytic leukemia (AML) due to Agent Orange exposure, for purposes of accrued benefits.

The appellant is not recognized as the surviving spouse of the Veteran for DIC benefits because her marriage to him did not meet the requirements at the time of his death.

The Board has determined that the Veteran's spondylolisthesis of the back is at least as likely as not related to service, and therefore grants service connection for this condition.

The Veteran withdrew their appeal of the issue regarding payment or reimbursement for medical expenses incurred on June 20, 2017 at Sampson Regional Medical Center. As a result, this issue is dismissed.

The Board has remanded the Veteran's claims for service connection due to herbicide agent exposure, specifically Agent Orange. The decision is pending further investigation and verification of the Veteran's service in the 12 nautical mile territorial sea of Vietnam.

The Board has remanded the claims for a right upper and lower extremity disability due to inadequate opinions from VA examiners. The Veteran's service records show complaints of pain in his right leg, shoulder, and hip.

The Veteran's spouse was denied an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to lack of legal basis and no provision for such extension.

The Board has found that the evidence is sufficient to trigger VA's duty to provide a medical opinion regarding the etiology of the Veteran's esophageal cancer, which was related to service exposure to asbestos. The case is being remanded for this purpose.

The Veteran's chronic sleep impairment is currently rated as 10 percent disabling. The Board determined that the symptoms do not warrant a higher rating, as they are consistent with mild and transient symptoms.

The Veteran's emergency transportation on August 3, 2019 was for a hip displacement condition. The Board found that the treatment was necessary due to the serious health risk posed by the hip dislocation and granted payment or reimbursement of $2,512.62.

The Veteran's other specified trauma related disorder is granted as service connected. The claim for a dental disability for compensation purposes is denied.

The Veteran's skin disorder was granted a rating of 30 percent prior to September 11, 2020 and denied for any higher rating from that date. The issue of entitlement to TDIU is also remanded.

The Veteran's benign growths of the GU system have not resulted in symptoms such as voiding dysfunction, renal dysfunction, penile deformity with erectile dysfunction, atrophy of both testes, or removal of one or more testes. Therefore, a compensable rating for this condition is denied.

The appeal was dismissed as the AOJ administratively reversed the denial and paid the claim for non-VA outpatient dental services provided to the Veteran in February 2020.

The Board denied the appellant's claim for special monthly pension based on need for regular aid and attendance due to her income exceeding the maximum annual pension rate, and she is not in need of such benefits.

The Veteran withdrew his appeal regarding the claim of entitlement to service connection for a nervous disability.

The Board has remanded the case due to incomplete development, specifically the lack of a copy of the December 14, 2015 DMC notification letter reflecting an overpayment of education benefits in the amount of $2,147.39.

The Board has remanded the case due to an incomplete record regarding a Chapter 30 education benefits application filed by the Veteran with U.S. Customs and Border Protection in 2009.