Other conditions decisions — 2014

The Veteran's claim for service connection for penile carcinoma was denied as there is no evidence of a current disability, and the condition did not manifest within one year after separation from service. The Board found that the cancer is not related to his active duty service or presumed exposure to herbicides.

The Board has determined that additional development is needed to determine if the Veteran was exposed to asbestos during service and whether his current respiratory disorder, including asbestosis, is related to such exposure. The case will be remanded for this purpose.

The Board has granted an effective date of February 8, 2007 for the award of aid and attendance benefits due to the appellant's need for assistance with daily activities.

The Board has determined that the Veteran's macular degeneration is due to service, and thus granted his claim for service connection. The rod-cone dystrophy was found not to be related to service.

The Veteran's claims for service connection for colon cancer and colon polyps have been denied. The Board finds no current disability or symptoms of a disability that would warrant service connection.

The Board has determined that the appellant and the Veteran did not establish a valid common law marriage prior to November [redacted], 2007, which is required for her to be recognized as the surviving spouse of the Veteran for VA benefit purposes.

The Veteran's appeal is being remanded due to scheduling issues for a hearing. Service connection and increased rating claims are pending.

The Veteran is found to be eligible for Post-9/11 GI Bill educational assistance based on his military service, despite some discrepancies in the characterization of his active duty.

The Veteran's arthritis of the right hand is rated at 10 percent, effective November 17, 2008. The skin rash claim was not granted as there is no current diagnosis or signs and symptoms.

The Board denied the appellant's claim for VA death benefits as her deceased husband did not have any qualifying service in the United States Armed Forces.

The Board has remanded the case due to unclear dates of service and further development is needed, including verifying military service records and obtaining documentation related to the $3,000.00 advance payment.

The Board has determined that the appellant does not have recognized active military service as required to establish eligibility for FVEC Fund benefits under the American Recovery and Reinvestment Act of 2009.

The Board has determined that the Veteran's annual income exceeded the maximum pension rate effective June 1, 2010 and thus his nonservice-connected pension benefits were terminated.

The Veteran's death in February 2009 meant that no pension benefits were due and payable for the month of her death. The appellant filed a claim for accrued benefits, but as there was no pending claim at the time of her mother's death, she is denied.

The Veteran withdrew his appeals for the initial evaluation of panic disorder with agoraphobia and TDIU prior to May 31, 2013.

The Board denied the appellant's claim for waiver of recovery of an overpayment of VA death pension benefits in the amount of $8,130.30 due to her fugitive felon status from June 2009 to June 2010.

The Board has determined that an overpayment of educational assistance benefits in the amount of $6,951.39 was properly created due to the Veteran's withdrawal from his DeVry courses.

The Board has remanded the case for clarification on whether the appellant seeks a Travel Board hearing or a Videoconference hearing, and to schedule her for the appropriate hearing. The claims file will be returned after the hearing is conducted.

The case is being remanded for additional development to obtain the Veteran's treatment records from a contract assisted living facility where he resided at the time of his death.

The Board found that the Veteran's cardiomyopathy was not caused or aggravated by his service-connected asthma, and therefore denied the claim.