Other conditions decisions — 2010

The Board denied the appellant's claims for service connection for a heart condition and basic eligibility to receive nonservice-connected VA pension benefits due to insufficient evidence of active disease or injury during service, as well as inadequate service. The appellant served less than 90 days in a period of war.

The Board has reopened the Veteran's claim and determined that new evidence supports a finding of service connection for craniofacial dystonia (Meige syndrome).

The Board has reopened the claim for service connection for residuals of a septoplasty due to new and material evidence. However, the Veteran does not have any currently diagnosed residuals of a septoplasty.

The Veteran is seeking an earlier effective date for a 10 percent evaluation for his service-connected residuals of flash burns of both eyes, and also alleges CUE in the June 13, 1991 rating decision that reduced his compensation from 10 to 0 percent.

The Board of Veterans' Appeals has determined that VA Chapter 35 Dependents' education assistance benefits do constitute countable income for VA improved death pension purposes.

The Board found no evidence of a chronic foot disorder during service or for many years thereafter, and denied the Veteran's claims for bilateral foot disorder and depression.

The Veteran's appeal for education benefits under the Montgomery GI Bill (Chapter 30) is denied as he did not meet the eligibility requirements.

The Board has granted the Veteran's claim for service connection for posttraumatic stress disorder, finding that his symptoms meet the criteria for this condition and are related to his military service.

The Veteran's claim for nonservice-connected pension benefits at the rate for a Veteran with two dependent children was denied as he does not have custody of either child and there is no evidence that he contributes to their support.

The Veteran's lung condition was not incurred in or aggravated by his active service, and the Board denied his claim for service connection.

The Board found that the Veteran's actions preceding his injuries were not due to willful misconduct and thus he is eligible for nonservice-connected pension.

The Board found that the Veteran's large cell lymphoma, right colon, status post colectomy is etiologically related to radiation exposure during service and granted his claim for service connection.

The Veteran died in February 2008 and did not meet the eligibility criteria for non-service-connected burial benefits as he was not receiving VA compensation or pension, nor was there a pending claim at the time of his death. The Veteran's body was not held by a state or political subdivision of a state, and no next of kin claimed the body.

The Veteran's appeal for an earlier effective date for the purpose of adding dependents was denied because she did not provide necessary documentation within one year after being notified that her combined disability rating had increased to 30 percent, making her eligible for additional compensation. The effective date is set at February 1, 2008.

The Board has remanded the case for further investigation and medical opinion regarding unauthorized medical expenses incurred by the Veteran from July 28, 2006 to July 29, 2006. The appeal is currently in a pending state.

The Veteran's claim for a compensable rating for residuals of his broken nose is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The Board denied the Veteran's claim for an effective date prior to February 15, 2008, for the award of dependency benefits for his spouse. The decision stated that the earliest possible effective date was February 15, 2008.

The Board determined that the appellant and the Veteran did not maintain a valid common-law marriage for VA benefits purposes, leading to the denial of her claim as the surviving spouse.

The Veteran does not have a current left leg disability and the Board finds that his in-service injury did not result in any chronic disability.

The appellant's annual income for the period beginning December 1, 2009, is $6,024; the RO's calculation of income as $6,420 was incorrect. The claim is granted.