Other conditions decisions — 2014

The Veteran's death pension and DIC claims under 38 U.S.C.A. § 1318 were denied as there was no legal basis for the claims, given that hypothetical entitlement is not a viable basis for establishing benefits under either section.

The Veteran's basic eligibility for nonservice-connected pension benefits has been denied due to his incarceration.

The Veteran's pension benefits were increased from the housebound rate to the aid and attendance rate effective October 25, 2007. The appellant is seeking an earlier effective date for pension benefits.

The Board denied the reduction of the Veteran's VA nonservice-connected pension benefits based on receipt of SSA benefits, finding that the PMC was correct in reducing his award.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her annualized countable income exceeding the maximum annual income limit.

The Veteran's macular degeneration of the left eye has not resulted in any visual impairment or incapacitating episodes, and therefore does not meet the criteria for a compensable rating.

The Board has determined that the decision to provide a particular exercise therapy device is not an adjudicative matter and thus beyond its jurisdiction, leading to the dismissal of the appeal.

The Veteran's claim for a Government-furnished memorial headstone or marker was denied as he died prior to November 1, 1990 and is buried in a private cemetery with a privately-purchased grave marker.

The Veteran's claims for increased ratings for bilateral foot disabilities were denied as his conditions did not meet the criteria for higher evaluations.

The Board found that the overpayment of disability compensation benefits in the amount of $5,875.00 was validly created due to the Veteran's failure to notify VA of his divorce and continued receipt of benefits despite being divorced. The Board also determined that recovery of this overpayment would not result in undue financial hardship for the Veteran and did not defeat the purpose of the benefits. Therefore, waiver of recovery was denied.

The Board denied the Veteran's claim for service connection for a pancreas disability, including as due to an undiagnosed illness. The Veteran was granted a 40% rating for his service-connected chronic fatigue syndrome effective August 10, 2012.

The Board has remanded the case due to a need for further development, including obtaining additional VA or private treatment records and scheduling a VA compensation examination.

The Veteran became permanently and totally disabled on March 8, 2012. The appellant was eligible for Chapter 35 educational assistance benefits starting from that date. However, she did not choose a beginning date within the required 60 days after being notified of her eligibility. Therefore, the effective date assigned is June 12, 2012.

The Veteran's claim for an increased rating for her service-connected mitral valve prolapse with a history of paroxysmal tachycardia is being remanded due to the need for additional VA examination and treatment records.

The Board found that the Veteran's death was not caused by or contributed to by a service-connected disability, specifically his right foot fracture. The cause of death was attributed to hepatocellular carcinoma and alcohol abuse.

The Veteran is granted a 10 percent disability rating for gynecomastia of each breast, effective from May 2, 2007. The condition was found to be manifested by painful scars.

The Board has remanded the case due to insufficient consideration of certain medical records and a need for additional examination.

The Veteran's right fourth finger scar is found to be due to an injury sustained during service, and the Board grants service connection for this condition. However, there is no evidence of a right fifth finger disability related to service.

The Veteran's mood disorder, prior to November 15, 2012, resulted in significant occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood.

The Board has determined that the Veteran's SSA benefits received by his dependents, J.D. and K.D., are considered countable income for VA pension purposes due to the lack of evidence demonstrating a financial hardship.