Other conditions decisions — 2014

The Veteran's claim for an effective date prior to September 1, 2009 for a dependency allowance as a result of his marriage to L.R. was denied because the earliest date on which VA was aware of evidence of the common law marriage between the Veteran and L.R. was August 14, 2009.

The Veteran's claim for additional Chapter 33 educational benefits in excess of the 14 months remaining is denied as he has already used up his eligibility under Chapter 32, and therefore cannot receive more than a total of 48 months of education benefits combined.

The Veteran's service-connected fractured right femur most closely approximates a disability picture of malunion with slight hip disability, warranting a 10% evaluation effective January 4, 2006.

The Veteran's service-connected right hand disability is rated at 10 percent and the Board has ordered a remand to obtain updated medical evidence and schedule the Veteran for an examination.

The Veteran's claims for service connection for a neck disorder and right foot stress fractures were denied as there is no evidence of current disabilities at any time during the appeal period.

The Veteran's claim for non-service-connected disability pension benefits was denied as he did not have active service during a wartime period.

The Veteran's claims for increased ratings for varicose veins and right eye disability were denied. The Board also found that the Veteran did not have service connection issues related to a skin condition or iliac artery aneurysm, as these conditions are not at issue in this decision.

The Board has determined that the Veteran's condition did not stabilize to a point where he could be safely transferred or discharged from MetroHealth, and thus met all criteria for payment or reimbursement under the Veterans Millennium Health Care and Benefits Act.

The appellant's countable income exceeds the limit for purposes of entitlement to non-service-connected death pension, and thus she is not entitled to payment.

The Board has granted service connection for the cause of the Veteran's death due to esophageal cancer, which is presumed to be related to his exposure to Agent Orange during service in Vietnam. The DIC claim under 38 U.S.C.A. § 1318 was withdrawn by the appellant.

The Board has determined that the appellant's dependent children do not meet the income requirements for death pension benefits, as their monthly income exceeds the maximum annual limit set by law.

The Veteran's claim for payment and reimbursement of private medical expenses received at Unity Hospital from September 5 to September 11, 2009 is being remanded due to the need for further development regarding eligibility criteria under VA regulations.

The Board has determined that the reduction of improved death pension benefits was proper based on new evidence of additional income and expenses, including receipt of Social Security Administration (SSA) benefits.

The Board has reopened the Veteran's claim of service connection for an acquired psychiatric disorder manifested as paranoia and nightmares, finding new evidence that supports a diagnosis of PTSD related to his military service. The Board granted service connection for PTSD.

The Board has ordered a remand to obtain an opinion regarding the relationship between the Veteran's service-connected conditions and his death, specifically whether they were the principal or contributory cause of death.

The Veteran's spouse is seeking DIC benefits under 38 U.S.C.A. § 1151 for the cause of her husband's death, which she claims was due to VA medical treatment. The appeal has been remanded by the Board due to a request for a hearing.

The Veteran's service-connected degenerative changes and exaggerated kyphosis, thoracic spine with associated conditions have not met the criteria for a higher rating based on limitation of motion or incapacitating episodes. The claim is remanded to allow further development.

The Veteran's claim for basic eligibility for educational assistance under the Post-9/11 GI Bill is denied as her entire active service period was subject to the education loan repayment program and cannot be counted as a period of service for entitlement to educational assistance.

The Veteran's left elbow disability, manifested by a joint fracture with marked varus or valgus deformity, is rated at 20 percent under Diagnostic Code 5209.

The Board denied reimbursement for LAC test fees on May 13, 2010 and May 18, 2010 due to the tests being withdrawn from authorization effective April 1, 2010.