Other conditions Board decisions

The Board found that the appellant could not be recognized as the Veteran's surviving spouse for eligibility to death benefits due to their legal marriage being invalid in Maryland and New York, where common law marriages are not legally recognized.

The Veteran's appeal is being remanded for further development, including obtaining updated treatment records and arranging for a respiratory examination to determine the nature and likely etiology of any current respiratory disability.

The Veteran's claim for a higher disability rating for his left collar bone fracture was denied as the evidence did not show any additional limitation of motion or functional impairment that would warrant an evaluation greater than 20 percent.

The Board found that the overpayment of VA educational assistance benefits was valid and denied a waiver due to bad faith on the appellant's part.

The Board found that the Veteran's death was not caused by a service-connected disability and denied both his claim for service connection for cause of death and his request for a compensable rating for his right thumb disability.

The Board has decided to remand the case for further development, including a VA examination and medical opinion regarding the etiology of the Veteran's gastrointestinal tumor.

The Board has dismissed the appeal due to the appellant's death, as it does not have jurisdiction to adjudicate the merits of this case.

The Veteran's claim for service connection for orchialgia, to include as secondary to a surgical scar at the right inguinal area, is being remanded due to inadequate examination and opinion.

The Veteran's bilateral photorefractive keratectomy, claimed as cornea tears and dryness, has been manifested by severe symptoms including constant corneal tearing, intense pain, and dryness. The Board finds a 10 percent evaluation best represents his disability picture.

The Board has granted the Appellant's claim for accrued benefits in the amount of $1,783.17 as reimbursement for cremation expenses paid by him on behalf of his deceased father.

The Board has determined that the Veteran's cause of death, complications of arteriosclerotic cardiovascular disease, was not due to military service and therefore denied the claim for service connection for the cause of the Veteran's death.

The Board has found that the appellant's character of discharge serves as a bar to her receipt of VA benefits (exclusive of health care provided under 38 U.S.C.A. Chapter 17) for claims based on the period of service from August 9, 1989 to August 2, 1990. The case is being remanded due to a request for a Travel Board hearing.

The Veteran's claim for non-service-connected disability pension benefits is denied as he does not meet the mandatory requirement of military service during a wartime period and lacks the requisite adjudged service-connected disability.

The Veteran's service-connected right inguinal hernia scar is rated at 10 percent since September 1, 2011. The Board also granted an earlier effective date of September 1, 2011 for the 10 percent rating.

The Veteran died due to ALS, but the appellant's claim for enhanced DIC was denied as she did not meet the requirement of having been married to a service-connected totally disabled Veteran for at least eight years.

The Board has granted service connection for the cause of the Veteran's death due to meningioma resection with radiation, finding that exposure to Agent Orange in Vietnam contributed substantially or materially to his death. The issues of ischemic heart disease and Parkinson's disease secondary to exposure to herbicides on an accrued basis are remanded.

The Board found that the Veteran's esophageal cancer, which caused his death in January 2005, was not related to service or presumed exposure to herbicide agents. Therefore, the claim for service connection for the cause of the Veteran's death was denied.

The Board has granted service connection for spondylolisthesis and dysthymic disorder, finding that the conditions are related to active service. Dysthymic disorder was found to have been aggravated by service.

The appellant does not have legal standing to qualify for DIC benefits and the issue of reinstatement is moot.

The Board has determined that the Veteran does not have a current fibrocystic breast disability and therefore, service connection for this condition is denied.