Other conditions decisions — 2013

The Board denied the appellant's claim for death pension benefits on behalf of her deceased brother's children due to their excessive income from Social Security, which exceeded the maximum allowable rate.

The Board has remanded the case for a new VCAA notice to be sent to the Veteran, as the previous denial of his claim for service connection for lower back pain did not satisfy the notification requirements of Kent v. Nicholson.

The Veteran's claim for service connection for residuals of uterine cancer was denied. The Board also found that the earlier effective dates requested were not warranted.

The Board has determined that the Veteran's varicose veins are not related to her service, and therefore denied her claim.

The case is being remanded for the VAMC Fee Processing Center to obtain necessary hospital billing/payment documents and explanation of benefits (EOB) from any primary insurer, to determine how much, if any, patient share is eligible for VA payment or reimbursement under the amended 38 U.S.C.A. § 1725.

The Board found that the veteran had no qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas in the service of the United States Armed Forces. Therefore, he is not entitled to one-time payment from the FVEC Fund.

The Board denied the appellant's claim of entitlement to service connection for the cause of the Veteran's death in September 2008, finding that there was no evidence linking the fatal condition to service or a service-connected disability. The appellant has now submitted new and material evidence to reopen her claim.

The Board has determined that the appellant does not have recognized active military service for the purpose of receiving a one-time payment from the FVEC Fund.

The Board has determined that the appellant's deceased spouse had no recognized service with the United States Armed Forces, and therefore does not meet the eligibility requirements for VA death benefits.

The Veteran seeks service connection for a bilateral foot disorder, which he claims is related to his service-connected diabetes mellitus and peripheral neuropathy. The Board has determined that additional development is needed due to the inadequate nature of previous opinions.

The Veteran's death was not due to disease or injury incurred in or aggravated by his military service, including as a result of presumed exposure to Agent Orange in Vietnam.

The Board has determined that the appellant does not meet the criteria for recognition as the Veteran's surviving spouse for purposes of VA death benefits due to a lack of valid marriage under New York state law, and because there is no evidence she was unaware of the legal impediment.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and further development is required.

The Board found that the Veteran's Raynaud's phenomenon did not pre-exist service and, even if it did, there was no evidence of aggravation during service. As such, the claim for service connection is denied.

The Board denied service connection for essential tremors of the right and left hands, finding that there was no evidence of a chronic disease in service or within one year after separation. The Veteran's current condition is not related to herbicide exposure or any other service-connected disability.

The Board found that the Veteran does not have a current diagnosed condition of dizziness, and thus denied his claim for service connection.

The Board has dismissed the claim of service connection for residuals of aseptic spinal meningitis as it has been fully granted and implemented.

The Board has remanded the case for additional development due to incomplete records from a private provider. The claim will be reconsidered after obtaining any missing records.

The Board denied the Veteran's request to reopen his claim for service connection of blindness in the left eye, finding no new and material evidence had been received.

The Board has determined that new evidence received since the September 2006 rating decision supports reopening the Veteran's claim of service connection for a psychiatric disability, specifically schizoaffective disorder. The medical opinion provided by a private psychiatrist indicates that the onset of the Veteran's current schizoaffective disorder occurred during his military service.