Other conditions decisions — 2012

The Board has determined that proper notice and development have not been provided to the Veteran and the appellant regarding their respective claims for apportionment of the Veteran's nonservice-connected pension benefits. The case is being remanded to ensure compliance with procedural requirements.

The Veteran's appeal involves the effective date for service connection and subsequent rating changes for paroxysmal atrial fibrillation. The case is being remanded to allow for a Board hearing.

The Board has determined that the appellant's income exceeds the maximum countable income for death pension benefits, and thus her claim for nonservice-connected death pension benefits is denied.

The Veteran's dependent child, S.H., does not have spina bifida and the appeal is denied as there is no legal entitlement to benefits under 38 U.S.C. Chapter 18 for hip dysplasia and a spine disorder.

The Veteran seeks service connection for a muscle disability of the sides and back, which he claims began in service. The case is REMANDED to obtain relevant medical records and schedule the Veteran for a VA examination.

The appellant's service as an active AGR is not considered towards satisfying his eligibility requirements for educational benefits under Chapter 33, and thus the claim must be denied.

The Board denied the veteran's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of qualifying service in the United States Armed Forces.

The Veteran's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code (Montgomery GI Bill-Selected Reserve Educational Assistance Program (MGIB-SR)) was denied as the application occurred prior to the one-year period before the date of receipt of the claim.

The Board has dismissed the appeal due to the death of the appellant, as it does not have jurisdiction to adjudicate the merits of this claim.

The Board finds that the overpayment in compensation benefits due to removal of dependency allowances was valid, but the lump sum payment error is attributed to administrative mistake and should be waived.

The Veteran's claim for nonservice-connected pension was denied because his income exceeded the maximum annual rate of improved pension.

The Veteran's claim for nonservice-connected pension benefits is being remanded due to the need to obtain his service personnel records and service treatment records. The appeal will be reconsidered after these records are obtained.

The Board denied an increased rating for the Veteran's service-connected neurological impairment of the left lower extremity.

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

The Board has granted service connection for a lung disorder, finding that the Veteran currently manifests chronic respiratory signs and symptoms. Service connection for a left arm disorder was denied.

The Board found that there is no evidence to support a connection between the Veteran's Sjögren's disease and his military service, including recurrent infections of unknown origin.

The Veteran's claim for an earlier effective date for the grant of service connection for residuals of GU disorder, claimed as the result of chronic bladder infections, is denied. The effective date remains August 20, 1998.

The Board denied the Veteran's claims for service connection for CLL, diabetes mellitus, diabetic peripheral neuropathy of the left lower extremity, bilateral hearing loss, hypertension, and coronary artery disease. The decision also addressed a TDIU claim.

The Board found that the Veteran's hernia was not caused by VA medical treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the Veteran's claims for service connection for neck and lower back injuries due to incomplete VA examination notifications, missing records from Fort Benning, Fort Bragg, General Hospital Kraven Lock, and Baltimore VAMC, as well as private treatment records of Drs. Margolese and Knair.