Other conditions decisions — 2014

The Board has determined that the appellant does not have qualifying service to qualify for VA pension benefits.

The Veteran withdrew his appeals for service connection for arthritis of the hips, bilaterally and bilateral leg cramping.

The Board has determined that there is no current service-connected disability for the Veteran's left and right feet. The Veteran reported foot pain, but the pre-discharge examination found no diagnosed condition.,Service connection was granted for bruxism as it was diagnosed in service.

The Board finds that the appellant was the Veteran's spouse at the time of his death and thus meets the criteria for recognition as a surviving spouse for VA benefits.

The Board has determined that additional development is needed to obtain the Veteran's treatment records and verify his service history, including any exposure to herbicides or carbon tetrachloride. The appeal will be remanded for these purposes.

The Veteran's claim for service connection for a right hand disability was denied as there is no evidence of any injury or disease in service that resulted in the current condition. The Board found that the Veteran does not have a current right hand disability and thus, cannot establish service connection.

The Veteran's claims for respiratory/lung disability and eye disability, both claimed as secondary to service-connected hypertension, are being remanded due to the failure to report to a scheduled VA examination.

The Veteran's claims are being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for examinations to assess his service-connected right inguinal hernia and any asserted umbilical hernia.

The Veteran's request for a waiver of recovery of the $3,000 overpayment of VA education benefits was granted due to the relative fault in creating the debt being balanced between VA and the Veteran, and repayment would result in undue hardship.

The Board has determined that the Veteran's current right hand disability is not related to his military service, including a reported injury during active duty.

The reduction in the rating for the left clavicle fracture with residual left rotator cuff syndrome from 30 percent to 20 percent was improper and is void ab initio.

The Veteran's countable income exceeded the maximum annual rate for non-service-connected pension benefits, resulting in denial of his claim.

The Veteran's death certificate shows he died on November [redacted], 2009. The appellant filed a claim for accrued benefits, seeking payment of $660.00 for assistance with activities of daily living. However, the appellant is not an eligible claimant for accrued benefits as they are not the Veteran's surviving spouse, child, or parent and did not bear the expense for his last sickness or burial.

The Veteran's cause of death is esophageal cancer, which the appellant contests as being related to his Vietnam service. The RO needs to provide proper notice and obtain missing medical records before deciding on the claim.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she and the Veteran were legally divorced at the time of the Veteran's death in November 2009.

The Board has granted the Veteran's claim for service connection for a right wrist disorder, diagnosed as tendonitis, finding that his condition was incurred in service.

The Board has granted an effective date of December 16, 2003 for apportionment of the Veteran's compensation benefits. The decision is based on the receipt of an informal claim by the Veteran within one year of a VA notice informing him of his appellate rights and apportionment for his dependents.

The Veteran's right great toe fracture resulted in moderate symptoms including pain, spurs, and ingrown toenail. His current rating of 10% for residuals of the fractured right great toe is maintained as his condition does not meet criteria for a higher rating.

The Board has granted the waiver of overpayment of VA educational assistance benefits in the amount of $5,450.70 due to no fault on the part of the appellant and undue hardship resulting from repayment.

The Board dismissed the appeal due to the death of the appellant.