Other conditions Board decisions

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.

The Board has remanded the case due to the need for a VA examination and opinion regarding the relationship between the Veteran's aortic aneurysm and his service, including any herbicide exposure. The issue of service connection for hypertension is still pending.

The Board has remanded the claims of service connection for polymyositis and dermatomyositis due to exposure to anthrax vaccine, as it is unclear whether these conditions are related to military service. The VA examiner must provide an addendum opinion addressing the relationship between the Veteran's in-service anthrax vaccine exposure and his current diagnoses.

The Board has granted service connection for the cause of the Veteran’s death, which represents a full grant of the benefit sought on appeal. As such, there remains no question of law or fact on appeal and the appeal is dismissed.

The Veteran withdrew his appeal seeking to reopen a claim of service connection for squamous cell carcinoma.

The Veteran's left elbow degenerative joint disease is being remanded for further development as the VA examiner found it less likely than not caused by his service-connected left knee degenerative joint disease, but did not address whether it was due to using a cane. The case will be reviewed with an addendum opinion.

The Board has decided to remand the claim for service connection of a mental health condition, including PTSD. Additional development is needed due to an incomplete medical opinion from the April 2019 VA examination.

The Board denied the appellant's claim for non-service connected death pension benefits due to her annual income exceeding the maximum allowable pension rate (MAPR).

The Veteran's claims for a compensable rating for residuals of fracture of the left middle finger and service connection for disability of the left index finger are being remanded due to incomplete records and need for further examination.

The Board has determined that further development is necessary due to the need for an addendum opinion regarding the cause of death and exposure to nuclear weaponry on the USS Shasta. The case will be remanded for this purpose.