Other conditions decisions — 2005

The Board has determined that a remand is necessary to obtain additional medical opinions and evidence regarding the veteran's claim for service connection for osteoporosis with compression fracture of the spine, as secondary to his service-connected epilepsy.

The Board has granted a waiver of recovery of an overpayment of pension benefits in the amount of $5,457 due to administrative error and financial hardship.

The Board has determined that a new examination is required to clarify the nature and etiology of the veteran's loss of vision, which may be related to service. The case will be remanded for this purpose.

The Board has remanded this case due to a failure to issue a Statement of the Case (SOC) and will further consider the propriety of apportioning the veteran's VA benefits to his spouse, children, and himself.

The Board has determined that the cause of the veteran's death was chronic degenerative disease, which is not service-connected. The appellant argued for other causes such as ischemic heart disease and malaria, but there is no evidence linking these conditions to his death.

The Board finds that the veteran's death was not caused by a service-connected disability, and therefore, he is not entitled to DIC benefits under 38 U.S.C.A. § 1318. The Board also denied entitlement to Dependents' Educational Assistance as there was no qualifying service-connected disability at the time of his death.

The appellant's claim for apportionment of the veteran's VA disability benefits for her children prior to their 18th birthdays was denied as she did not file a claim on behalf of her children before the veteran's death.,The appellant's claim for apportionment of the veteran's VA disability benefits for herself and her marriage to the veteran before her divorce was also denied as no legal basis existed under the law.

The Board denied the veteran's request for an effective date prior to September 17, 2001, for the grant of nonservice-connected pension benefits. The effective date was set at September 17, 2001, based on a change in VA regulations recognizing Social Security disability determinations.

The Board found that the grant of service connection for status post rheumatic fever without residuals was clearly and unmistakably erroneous due to lack of current disability, and thus severed the service connection.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance or being housebound is remanded due to lack of VCAA notice.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking the throat cancer to his active service.

The Board denied service connection for malaria and a wound of the left leg, finding no evidence of these conditions during or after service.

The veteran died at a VA hospital and was not receiving VA compensation or pension benefits. The claim for non-service-connected burial benefits is denied as the criteria for eligibility have not been met.

The Board found no evidence to support that the veteran's cause of death was related to service, and thus denied the claim for service connection for cause of the veteran's death.

The veteran's death was not caused by a service-connected disability, and there is no evidence linking his cause of death to any exposure during service. The appeal for accrued benefits and nonservice-connected VA pension benefits are denied due to the lack of timely filing.

The veteran requested to withdraw his appeal for an evaluation in excess of 30 percent for left peroneal nerve palsy, and the Board dismissed the appeal as a result.

The veteran's service with the Philippine Army did not qualify for VA death pension benefits, and the claim for accrued benefits was filed after one year of the veteran's death.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for the cause of the veteran's death.

The veteran's application for enrollment in VA medical care benefits was denied as he did not meet the eligibility criteria based on his income and other factors.

The veteran's application for enrollment in VA healthcare was denied because he did not have a service-connected disability and his annual income exceeded the threshold, and his completed application was received after January 17, 2003.