Other conditions decisions — 2010

The Veteran's eligibility period for receiving Chapter 30 educational benefits expired on August 26, 2007. The Board denied her claim as she did not meet the legal criteria for an extension of her delimiting date.

The Board found that the Veteran's non-Hodgkin's lymphoma was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's chemical burn residuals have not been shown to warrant an evaluation in excess of 10 percent.

The Veteran's claims for increased initial ratings for her right and left hip sprains are being remanded to the RO for issuance of a supplemental statement of the case (SSOC) reflecting review of evidence received since the September 2008 SSOC, including an October 2008 VA medical examination.

The Board determined that the Veteran's service-connected PTSD did not substantially or materially contribute to his death, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board has granted an apportionment of the Veteran's disability compensation benefits on behalf of his estranged spouse, as he is not residing with her and does not reasonably discharge his responsibility for her support.

The Board is remanding the case to obtain records of the Veteran's treatment at a clinic in Waconia, Minnesota and to seek an opinion from a VA examiner regarding whether any current findings would change the previous determination that his conditions are less likely related to military service due to cold exposure.

The Board denied the Veteran's claims for ratings in excess of 10 percent for his service-connected right and left knee chondromalacia, as well as his service-connected left knee laxity. The RO had previously granted noncompensable ratings for these conditions.

The Board denied the Veteran's claims for increased ratings for hemiparesis of the left upper and lower extremities, finding that the evidence did not meet the criteria for a rating in excess of 20 percent.

The Board denied the appellant's claim for basic eligibility for VA home loan guaranty benefits because the Veteran's death is not due to a service-connected disability.

The appellant's claim for special monthly compensation (SMC) by reason of the need for regular aid and attendance of another person or by reason of being housebound was denied due to her failure to report for a VA examination without good cause.

The Board found that the Veteran's liver cancer did not have its onset during service and was not otherwise related to a disease or injury of service origin, thus denying his claim for service connection.

The Board found that the Veteran did not have a service-connected disability at the time of his death, and there was no evidence to support a finding that he developed cutaneous B-cell lymphoma due to radiation exposure during service. Therefore, service connection for the cause of the Veteran's death is denied.

The Board dismissed the appeal due to the death of the appellant, as it has no jurisdiction to adjudicate the merits of this claim.

The Board has decided to remand the case for further development and consideration, including contacting the education department regarding documentation sent to the Veteran's son and determining if the Veteran should have known about his compensation checks containing benefits not entitled to him.

The Veteran's claim for an initial compensable rating for the service-connected onychomycosis (claimed as fungus of both fingers) is being remanded due to the need for additional medical examination and records.

The Veteran's appeal is being remanded for further development to address the severity of his service-connected right foot disability.

The Veteran's claims are being remanded for further development and consideration due to inadequate VCAA notice.

The Veteran's service-connected lumbar spine spondylosis with spondylolisthesis is currently rated at 20 percent, and the claim for a higher rating remains denied.

The Veteran's claim is being remanded due to the inextricability of her TDIU termination and overpayment waiver claims. The overpayment waiver will be reconsidered after the TDIU termination issue has been resolved.