Other conditions decisions — 2023

The Veteran's claim for service connection for residuals of a spider bite, to include a decrease in white blood cells was denied because there is no credible evidence of an in-service occurrence of the claimed injury. The Board found that the Veteran did not have an in-service occurrence of a spider bite and thus could not establish service connection.

The Board denied the Veteran's appeal of her claim for an earlier effective date for additional dependency compensation for her spouse and children, finding that VA did not receive sufficient evidence or a valid claim within one year of notification of her 30 percent disability rating.

The Board has granted the claim for service connection for cause of death, finding that the Veteran's non-Hodgkin's lymphoma, which is related to his in-service exposure to herbicide agents, contributed substantially or materially to his death. The Board also found reasonable doubt regarding whether the Veteran was exposed to herbicide agents during his active service.

The Board has denied the Veteran's claims for service connection for unspecified left eye disorder, bilateral dry eye syndrome with blepharitis, and bilateral cataracts. The evidence does not support a finding that these conditions are related to his active military service.

The Veteran's right hip arthritis is granted as service connected, with the Board finding that his continuous self-reported symptoms since service are competent evidence supporting this claim.

The Board denied the Veteran's requests for earlier effective dates for adding his spouse and stepchild as dependents due to lack of proof of dependent status submitted within one year of their marriage.

The Board has remanded the case due to an inadequate statement of reasons or bases for denying service connection for a stomach ulcer disability. The Veteran's symptoms and history suggest a possible relationship with his in-service treatment, but further examination is needed.

The Board denied the termination of special monthly pension benefits for aid and attendance (SMP-AA) based on insufficient information provided by the Veteran and his fiduciary regarding their financial status and nursing home admission.

The Veteran's appeal regarding the validity of a debt created when his former spouse was retroactively removed from his VA compensation award has been dismissed due to the withdrawal by his authorized representative.

The Veteran's spouse, the appellant, was denied recognition as his surviving spouse for VA purposes due to their marriage lasting less than one year prior to the Veteran's death and no children being born during or before the marriage.

The Veteran's appeal for service connection for temporomandibular joint dysfunction with bruxism has been dismissed due to the withdrawal of his claim by his attorney.

The Veteran's claim for an earlier effective date for TDIU prior to October 23, 2013 is denied as the service-connected adjustment disorder did not render him unemployable within one year of the claim and there was no medical evidence indicating he was unemployable before that date.

The Board has denied the Veteran's claim for service connection for bladder condition, finding that there is no causal relationship between his current disorder and in-service exposures to contaminated water at Camp Lejeune or herbicides during service in Vietnam.

The Board has remanded the case due to incomplete records and jurisdictional issues regarding payment of non-VA medical services provided on February 17, 2020. The AOJ is required to obtain all relevant documents and evidence related to the claim.

The Board has granted service connection for the Veteran's hepatocellular carcinoma, finding it likely caused by herbicide exposure in Vietnam.

The Veteran withdrew her appeal, citing her permanent and total disability rating.

The Veteran's claim for a waiver of overpayment of VA compensation benefits is remanded due to the need for further development regarding the validity of the debt. Specifically, the RO or DMC must adjudicate whether the overpayment was validly created and consider any forms from her unit commander indicating she did not perform duty during FY 2018.

The Board has decided that the eligibility determination for benefits under the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) is legally inadequate and requires further review. The case is remanded to provide a more detailed medical opinion regarding the Veteran's need for personal care services, supervision, or instruction.

The Veteran's hyperhidrosis is not related to his service and the Board denied his claim for service connection.

The Veteran's service-connected disabilities have precluded him from securing or following a substantially gainful occupation throughout the appeal period, warranting a TDIU.