Other conditions decisions — 2010

The Veteran's appeal is dismissed due to his death.

The Veteran's claim for an earlier effective date prior to February 4, 2003 for special monthly compensation based on aid and attendance was denied. The Board found that the evidence did not show a factual need for regular aid and attendance before February 4, 2003.

The appellant is not recognized as the surviving spouse of the Veteran for purposes of receiving DIC and death pension benefits due to her remarriage after the age of 57, which occurred prior to January 1, 2004.

The Board has determined that the Veteran's squamous cell carcinoma of the right vallecula is likely due to herbicide exposure during his active military service, and thus grants service connection for this condition.

The Board has determined that the claims for service connection for the cause of death, DIC under 38 U.S.C. § 1318, and eligibility for Dependents' Educational Assistance (DEA) benefits have been denied as new and material evidence has not been submitted to reopen these claims.

The Board has denied the appellant's request for an earlier effective date of November 1, 2001 for reinstatement of Dependency and Indemnity Compensation (DIC) benefits.

The Veteran died of metastatic nasopharyngeal cancer and was not receiving VA compensation or pension benefits at the time of his death. Therefore, he is ineligible for nonservice-connected burial benefits.

The Veteran died from ischemic cardiovascular disease and was not in receipt of VA compensation or pension benefits at the time of his death. Therefore, he does not meet the legal requirements for a VA burial allowance.

The Veteran's appeal is being remanded for additional development, including a hearing and review of the evidence submitted since the last statement of the case.

The Board denied the appellant's request for an extension of his Chapter 30 educational assistance benefits beyond January 9, 2008 due to a lack of medical evidence showing that he was prevented from completing a program of education due to a physical or mental disability.

The Board determined that the appellant cannot be recognized as the Veteran's surviving spouse for VA benefits purposes due to their legal divorce and lack of subsequent remarriage.

The Veteran's claim for an initial compensable evaluation for residuals of left femur fracture is being remanded due to the need for a new VA examination.

The Veteran's service-connected spondylolisthesis has been rated at 60 percent since February 2001. The appeal is denied as the evidence does not support a higher rating.

The Board has determined that there is no legal basis for payment of awarded but unpaid benefits to the appellant, as she does not meet the criteria for accrued benefits due to lack of evidence showing she is an unmarried child of the Veteran.

The Veteran's claims for cold injuries of the right and left feet are being remanded due to insufficient evidence regarding his exposure in Korea during service.

The Board has granted the Veteran's petition to reopen his claim for service connection for a low back disorder. The underlying issue of whether he is entitled to service connection will be remanded for further development.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital on June 5, 2008 is denied because he has Medicare coverage which precludes the payment.

The Board has determined that new and material evidence was not received to reopen the forfeiture action, thus denying the Veteran's request.

The May 1977 Board decision denying service connection for right eye amblyopia is upheld, as the evidence then of record and applicable regulations at that time supported the conclusion that the Veteran's pre-existing condition did not worsen during service.

The Veteran's claim for increased evaluations for adenocarcinoma of the prostate and impotence was denied. The Veteran received a 60% evaluation for adenocarcinoma of the prostate from May 13, 2005.