Other conditions decisions — 2011

The Veteran's claims for an increased evaluation and TDIU were denied as he failed to report for VA examinations scheduled in November 2005, July 2007, November 2007, and June 2010.

The Veteran's schizoaffective disorder was rated at 70 percent effective from June 25, 1993. The Board granted a TDIU effective from January 10, 1999 to March 19, 2003.

The Veteran's claim for service connection for arthritis, to include as secondary to service-connected frostbite residuals, is being remanded due to the need for additional development and examination.

The Veteran's cause of death was pneumonia, but his service-connected varicose veins did not contribute to the development or progression of this condition.

The Veteran's appeal is remanded to obtain an appropriate VA examination with a thorough nexus opinion that considers the Veteran's specific allegations of cold exposure and cold injury during service.

The Board found that the Veteran's spondylolisthesis existed prior to service and was not aggravated by service. The current degenerative disk disease is considered to have developed after service.

The Veteran's daughter, who was born with encephalocele and mental retardation, does not have spina bifida. Therefore, she is not eligible for a monetary allowance under 38 U.S.C.A. § 1805.

The Board has granted the appellant's appeal to be recognized as the surviving spouse of the Veteran for VA benefits purposes, given her continuous cohabitation with the Veteran and her belief that Maryland recognizes common law marriages.

The Veteran's claims for increased ratings and an earlier effective date have been remanded due to the need for additional development.

The Veteran is entitled to reimbursement for medical expenses incurred during his emergency hospitalization at St. Anthony's Central Hospital from December 31, 2004, to January 3, 2005, as State Farm Insurance Company has already covered $5,000 of the costs.

The Veteran's claim for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1151 has been dismissed due to the death of the appellant.

The Board found that the Veteran does not have residuals of a right hip injury and denied his claim. The issue of entitlement to service connection for a right arm/elbow condition is remanded.

The Board has remanded the case for additional development, including obtaining information about the Veteran's Reserve service and verifying his use of Chapter 34 educational benefits. The Veteran is also scheduled for a hearing before RO personnel.

The Veteran's death certificate shows he died in December 2007. The appellant filed a timely claim for accrued benefits by filing for dependency and indemnity compensation within one year of the Veteran's death. At the time of his death, the Veteran did not have any claims pending. Therefore, no benefits are payable.

The Veteran's atrial fibrillation with history of heart block pacemaker implant is currently rated at 60 percent, and the Board finds that this rating adequately reflects his disability level.

The Veteran's death was caused by squamous cell carcinoma of the oral cavity, which did not onset in service and is not related to service. The Board denied service connection for cause of death.

The Veteran's appeal for service connection for cancer of the oral cavity has been dismissed due to the death of the appellant.

The Veteran's appeal was dismissed due to the death of the claimant during the pendency of the appeal.

The Veteran's appeal for eligibility to VA educational benefits under Chapters 30 and 32 of Title 38, United States Code is denied due to the expiration of these programs.

The Board has reopened the appellant's claim for service connection for cause of death due to new and material evidence submitted since the final November 1986 rating decision. The Veteran committed suicide while on active duty, but there is no indication that he was of sound mind at the time. The Board finds that his death does not meet the criteria for willful misconduct or drug use resulting in service connection.