Other conditions decisions — 2014

The appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund as her surviving spouse was denied because she died before the enactment of the American Recovery and Reinvestment Act, which created this fund.

The Board found that discontinuance of the appellant's DIC benefits, effective December 14, 1996 (the date of his remarriage), was proper as he did not meet any exceptions to the general rule barring eligibility for status as a surviving spouse due to remarriage. The effective date assigned was determined based on VA regulations.

The Veteran's daughter was awarded educational benefits based on her father's service-connected disabilities. However, she did not attend school due to raising a child beyond her control and the Board found no conditions beyond her control that would have prevented her from attending.

The Board found that the Veteran was a fugitive felon for VA purposes during two periods and thus terminated his pension benefits. An overpayment of $44,432 was created due to this status.

The Veteran's claim for service connection for dysthymic disorder was granted with an effective date of January 30, 1998. The initial rating assigned is 10 percent.

The Board denied reopening the claim of service connection for the cause of the Veteran's death due to lack of new and material evidence, resulting in a final decision. The appellant has submitted additional evidence but it is not considered new and material.

The Board has determined that a new examination is needed to assess the current severity of the Veteran's callosities of both feet and whether any other foot disorder shown during the appeal period is related to his service-connected callosities. The case will be remanded for this purpose.

The Board has remanded the case for additional development to determine if the Veteran was exposed to herbicides in service and whether he had a condition related to Agent Orange exposure that caused his death. The appellant's eligibility as the surviving spouse is also under review.

The Veteran's breathing problems are already being compensated as part of his heart disability rating, so he cannot get separate service connection for this issue.

The Veteran died of esophageal cancer, which the VA does not find to be related to his service or any service-connected condition. The Board finds the evidence against a finding that the esophageal cancer was caused by Agent Orange exposure.

The Board has determined that new and material evidence was not submitted to reopen the Veteran's claim of service connection for teeth problems with gum and periodontal disease. The claim remains denied.

The Veteran and the appellant were divorced at the time of the Veteran's death in May 2001, thus failing to meet the legal requirements for recognition as his surviving spouse for VA purposes including nonservice-connected death pension benefits.

The Veteran's service-connected left hamstring disability, involving Muscle Group XIII, has been manifested by limitation of hip motion and moderate impairment. The Board finds that a higher rating is not warranted for the entire initial rating period on appeal.

The Board denied the Veteran's claim that his income of $3,846 for salary received in December 2010 should have been counted in the calendar year beginning January 1, 2011. The decision stated that income must be counted in the year it is received and there are no exceptions based on events beyond a recipient's control.

The Board has determined that the Appellant's room and board payments to her residential community cannot be considered an unreimbursed medical expense for the purpose of computing her nonservice connected death pension benefits, thus denying her claim.

The Board finds that the earlier effective date for special monthly pension based on the need for aid and attendance is March 27, 2012, as evidenced by a VA examination conducted on this date.

The Board found that the Veteran's skin disability was not incurred in or aggravated by service, and denied his claim for service connection.

The Board committed clear and unmistakable error in denying the restoration of TDIU due to incorrect application of legal standards, resulting in a manifestly different outcome. The Veteran's unemployability was established by clear and convincing evidence.

The claim has been granted in full, and the decedent is eligible for burial in a VA National Cemetery. The appeal is dismissed as there are no remaining issues to be reviewed.

The Board granted a 30 percent evaluation for the service-connected dysthymic disorder, but denied service connection for muscle and joint pain with tremors and swelling, as well as chronic fatigue syndrome (CFS).