Other conditions decisions — 2008

The Board found the veteran incompetent to handle disbursement of VA benefits, including managing his funds without limitation.

The Board has reopened the appellant's claim for service connection for the cause of her husband's death due to new and material evidence submitted since the final denial in December 1999. The cause of death was chronic valvular disease.

The Board found that there is no evidence of a left leg disability and denied the veteran's claim for service connection.

The Board has found that the appellant's net worth is a bar to eligibility for death pension at the aid and attendance level, but due to the passage of time and potential changes in her financial status, it is necessary to obtain more current information regarding her net worth.

The VA reduced the veteran's disability rating for his service-connected dilated cardiomyopathy, status post heart replacement surgery, from 60% to 30%, effective October 1, 2005. The reduction was proper as the evidence showed sustained improvement in the veteran's condition.

The Board has determined that the veteran's squamous cell cancer of the tonsils was incurred in active service, and granted service connection for this condition.

The Board granted an earlier effective date of October 27, 2004 for the apportionment of the veteran's pension benefits to reduce an overpayment caused by continued payment of pension benefits during his incarceration.

The Board found no evidence linking the veteran's death to his military service, and thus denied the claim for service connection for the cause of the veteran's death.

The Board denied the appellant's claim as she was not recognized as the veteran's surviving spouse for VA benefits purposes.

The Board denied the veteran's daughter's claim for non-service connected burial benefits, finding that the funeral director was the proper recipient of the $600 payment due to cover the veteran's funeral and burial expenses.

The Board has determined that no new and material evidence has been received to reopen the appellant's claim for service connection for the cause of the veteran's death.

The Board found that the overpayment of $2,862 was not properly created and denied the appellant's claim for waiver of recovery. The issue of whether the overpayment was valid is moot as there is no overpayment.

The veteran's countable annual income for VA pension purposes is in excess of the established limit, resulting in denial of nonservice-connected disability pension benefits.

The case is being remanded to verify the appellant's Social Security benefit after her husband's death and recalculate her countable income, as this could affect whether she qualifies for non-service-connected death pension.

The Board has reopened the veteran's claim of service connection for a personality disorder due to new and material evidence. The disability is considered a personality disorder, which is not a disease or injury that can be granted on service connection grounds.

The Board has remanded the case for additional development, including obtaining private medical records and Social Security Administration records. The veteran's claim for a higher initial rating for his service-connected lumbosacral spine disability is being considered.

The veteran is seeking to establish service connection for a low back disability, but the Board has determined that further development is needed due to conflicting medical evidence and the need for clarification of the etiology.

The appellant did not file a timely substantive appeal regarding the denial of DIC benefits under 38 U.S.C.A. § 1318, and her claim is therefore denied.

The Board found that an overpayment of $618.00 in VA educational assistance benefits was properly created, and denied the appeal.

The veteran's unauthorized medical treatment for irregular heartbeat and shortness of breath was found to be reasonable due to his history of heart attack, leading to reimbursement.