Other conditions decisions — 2024

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse, finding that her marriage to the Veteran was terminated by divorce in 1992 and thus did not meet the criteria for a valid marriage at the time of the Veteran's death.

The appeal for an earlier effective date for the award of a total disability rating based on individual unemployability (TDIU) is dismissed due to the Veteran's death.

The Board has granted service connection for left hand and right hand arthritis, but the case is remanded for additional development regarding compensation under 38 U.S.C. § 1151 for a broken right wrist.

The Veteran's right ovary endometrioma is granted as secondary to her service-connected left ovary endometrioma.,An initial 30 percent rating for gynecological disorder (prior to November 4, 2021) and a maximum 50 percent rating thereafter are granted.

The Board has dismissed the issue regarding an earlier effective date for the addition of dependent to pension award and has remanded the issue of the propriety of termination of VA pension benefits from January 1, 2012.

The Veteran's death was not service-connected, and the claim for nonservice-connected burial benefits is denied as he did not meet any of the criteria set forth in VA regulations.

The Veteran's appeal for a higher disability rating for dermatomyositis with chronic pain syndrome was denied, and the issue of entitlement to TDIU is remanded.

The Board has decided to remand the case due to the need for additional development, including obtaining medical records and a PACT Act examination. The Veteran's eye disabilities are being reviewed in light of his service in Vietnam and any potential herbicide exposure.

The Board has remanded the case due to new evidence not previously reviewed by the RO, and the Appellant's request for a hearing before a Veterans Law Judge. The case will be returned to the RO for review of this new evidence.

The Board has determined that the appellant's character of service from January 1998 to May 2002 is dishonorable and does not entitle him to VA benefits other than for treatment purposes. The appeal is remanded due to potential issues with the discharge characterization, including a possible insanity defense.

The Board has determined that there were procedural issues with the contested claim for an apportionment of VA benefits and has ordered a remand to ensure compliance with specialized contested claim procedures.

The Veteran withdrew his appeal for a total disability rating based upon individual unemployability (TDIU). The Board dismissed the case as a result.

The Veteran's appeal regarding his service-connected back injury was dismissed because he requested to be reviewed under the AMA system, effectively withdrawing his legacy appeal.

The appeal for service connection of the Veteran's left eye disability is remanded due to lack of substantial compliance with previous remand directives and need for an adequate medical opinion regarding aggravation of a preexisting condition.

The Veteran's appeal for additional VA educational assistance benefits under Chapter 33 was denied as she had already received the maximum combined education benefits of 48 months from Chapters 30, 31, and 33. The Board found that there is no legal basis to grant the requested benefits.

The Board has determined that the Veteran's current diagnoses of mitral valve prolapse and first-degree atrioventricular (AV) block are at least as likely as not related to her service, resolving doubt in her favor.

The Board denied the claim for survivor pension benefits as the appellant's income exceeded the maximum annual pension rate (MAPR).

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran. The Board does not have jurisdiction to adjudicate this case as the Veteran is deceased.

The Board denied the claim for service connection of presbyopia, finding that it is not a disability for which service connection may be granted and there was no evidence showing it was caused or aggravated by a service-connected condition.

The Veteran's daughter, C.C., attempted to claim additional accrued benefits in excess of $1,566.00 for expenses related to her mother's last sickness and burial. However, the Board found that she did not pay any such expenses out-of-pocket and thus was not entitled to additional accrued benefits.