Other conditions decisions — 2014

The Veteran's claim for a non-service-connected pension is denied as he did not have active military service during a period of war.

The Board has determined that further medical assessment is necessary to determine the Veteran's mental capacity to manage his affairs, including disbursement of VA funds, without limitation.

The Board found that new and material evidence had not been presented to reopen the claims for service connection of left hip disorder and numbness of the left side. The preponderance of the evidence is against a finding that these conditions are related to service.

The Veteran's service does not meet the requirement of at least 90 days of active duty during a period of war, thus he is ineligible for non-service-connected pension benefits.

The Board denied the appellant's claim for a one-time payment from the FVEC fund as her husband did not have valid military service and died before the enactment of the American Recovery and Reinvestment Act, which established the fund.

The Board denied the Veteran's request for waiver of recovery of an overpayment of Chapter 30 educational assistance benefits in the amount of $1,383.36 due to minor fault on the Veteran's part and no fault on VA's part.

The Veteran seeks service connection for a skin disorder, which he contends is due to his presumed in-service herbicide exposure. The Board finds that further development is needed, including an examination and opinion regarding the nature and etiology of the Veteran's current skin disorder.

The Veteran died in 2010 and the appellant applied for nonservice-connected burial benefits. The Board found that the criteria for establishing entitlement to burial benefits were not met due to lack of service connection, no pending claims for compensation or pension at the time of death, and other legal requirements.

The Veteran's claims for service connection for squamous cell carcinoma, basal cell carcinoma, and sebaceous cyst were previously denied. The Board has ordered a remand to obtain additional evidence and provide the Veteran with a VA examination.

The Veteran's back disorder, specifically the residuals of a T-12 compression fracture, is currently rated at 20 percent under the General Rating Formula for Diseases and Injuries of the Spine. The appeal has been denied as his condition does not warrant an increased rating.

The Veteran's death was not service connected, and he did not have a pending claim for compensation or pension benefits at the time of his death. The criteria for payment of VA burial benefits were therefore not met.

The Veteran's appeal is being remanded due to the failure to schedule a videoconference hearing as requested. The case will be returned to the Board after appropriate action.

The Board found that the Veteran's nonservice-connected pension benefits were improperly discontinued due to a mistaken determination of fugitive felon status, and thus granted relief from the overpayment.

The Board has remanded the case due to incomplete service records and the need for a VA examination to determine if any current left foot disability is related to military service.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his left arm disability and additional evidentiary development for the TDIU claim.

The Veteran's claim for service connection for right tonsillar squamous cell carcinoma was reopened due to new and material evidence. The Board found that the cancer is related to his exposure to Agent Orange during service, granting service connection.

The Veteran's recurrent nosebleeds are found to have started during his service in Iraq and are considered a result of exposure to dust, sand, smoke, and chemicals. The Board granted the claim for service connection.

The Board has determined that the Veteran's B-12 deficiency was not incurred in or aggravated by service and therefore denied his claim for service connection.

The Veteran's appeal has been dismissed due to the death of the appellant during the pendency of the appeal.

The Veteran's cause of death was determined to be pharyngeal carcinoma, which is related to his in-service exposure to Agent Orange. As the claim for service connection for the cause of the Veteran's death is granted, the claim under 38 U.S.C.A. § 1151 is moot and dismissed.