Other conditions Board decisions

The Board has determined that new and material evidence has been received to reopen the claim for recognition as the surviving spouse of the Veteran. The appellant is entitled to this status based on continuous cohabitation despite a separation due to the Veteran's alcoholism.

The Board has remanded the case for further development, including obtaining updated medical records and providing a VA examination to address the nature and etiology of any genitourinary disability. The Veteran's claim remains on appeal.

The Board has reopened the Veteran's claim for service connection for bilateral hand tremors and is now considering whether this condition was incurred or aggravated by his military service.

The Board has determined that a remand is necessary to obtain updated medical opinions and VA examinations for the Veteran's sleep disorder and right shin splints claims.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for a left foot condition, including obtaining relevant post-service treatment records and scheduling the Veteran for a VA examination.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's left eye disability and whether it is related to service. The case will be returned for further action.

The Veteran's genital herpes simplex has been evaluated as zero percent disabling since January 4, 2010. The condition does not meet the criteria for a compensable rating under the applicable VA Schedule for Rating Disabilities (Rating Schedule).

The Board denied the Appellant's request to reopen his claim of entitlement to service connection for the cause of the Veteran's death, finding that new and material evidence had not been submitted sufficient to reopen a claim of entitlement to recognition as the Veteran's child.

The Veteran's appeal is being remanded to obtain additional medical records and a supplemental VA medical opinion. The case will be returned for further review.

The Veteran's surviving spouse did not have any pending claims before VA at the time of her death, and therefore, the appellant is not eligible for accrued benefits.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for VA death benefits purposes due to lack of valid marriage and failure to meet criteria for a deemed valid common law marriage.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that her divorce from the Veteran bars her eligibility for VA benefits.

The Board has determined that the legal criteria for establishing entitlement to a Government-furnished headstone or grave marker for the Veteran are not met due to his death prior to the date authorized by law. As such, the claim is denied.

The Board has remanded the case for a new VA examination to determine the nature and etiology of any diagnosed left thigh skin conditions, including whether they are related to service or caused by a service-connected condition.

The Veteran's residuals of right great toe laceration are currently evaluated at the maximum schedular evaluation under Diagnostic Code 5281, which is a 10% rating. The Board finds no basis to grant an increased evaluation.

The Veteran's right flank pain condition was deemed an emergency due to severe symptoms, and the Board found that a prudent layperson would have reasonably expected delay in seeking medical attention to be hazardous. The decision grants payment of unauthorized medical expenses incurred on May 9, 2010, at Oktibbeha County Hospital.

The Board has determined that the appellant's stay at The Gables at Brighton Senior Living constitutes custodial care and her cost of maintenance can be deducted from her countable income for pension purposes.

The Board has determined that the Veteran's upper extremity radiculopathy is service-connected, but her lower extremity neurological disability is not related to service or a service-connected condition.

The Board denied the appeal, finding that the decedent's discharge was under dishonorable conditions due to willful and persistent misconduct. The character of his service is therefore a bar to VA benefits.

The Veteran's claims for increased ratings for left elbow and left wrist disabilities were denied by the RO in a March 2009 rating decision. The Board remanded the cases to obtain additional evidence, but the Veteran failed to appear for an examination scheduled on July 30, 2013. A VA examination was conducted on November 26, 2013, and more recent records are needed before a final determination can be made.