Other conditions decisions — 2014

The Veteran's lower back disability is presumed to be service-connected due to its chronicity since service.

The Veteran's claim for a higher rating for his left index finger disability is denied as the maximum schedular rating of 20% is already in effect.

The Board found that the appellant does not qualify as a surviving spouse of the Veteran for VA death benefits purposes due to lack of continuous cohabitation and invalid marriage under West Virginia law.

The Board has dismissed the Veteran's claims as there was no timely Notice of Disagreement (NOD) filed with respect to the November 2007 rating decisions granting individual unemployablity and basic eligibility for dependents' educational assistance.

The Veteran's appeal for a compensable rating and temporary total evaluation for convalescence following left inguinal hernia repair surgery on April 3, 2008 was denied. The Board found that the surgery did not necessitate at least one month of convalescence or severe postoperative residuals.

The Veteran seeks compensation for residuals of an infection to the right forearm under 38 U.S.C.A. § 1151 due to improper care by VA during March 2006, which resulted in hospitalization and MRSA infection. The case is REMANDED for further development.

The case is being remanded for scheduling a Travel Board hearing at the appellant's local VA office. The appeal will be processed after the hearing.

The case is being remanded for additional development of the Veteran's post-service treatment records, particularly from American Lake VA Medical Center. The specially adapted housing issue remains on appeal.

The Veteran's lower jaw disability may be related to service, but the stomach and colon disability is secondary to the lower jaw disability. Further development is needed to determine these issues.

The Board has decided to remand the case for additional development regarding whether the appellant is a proper claimant and whether the Veteran had a surviving spouse at the time of his death.

The Board found that new and material evidence had not been received to reopen the Veteran's claims for service connection for lung/respiratory and sinus/allergy disabilities. The claims were denied on their merits.

The Veteran's right hemicolectomy residuals have not manifested with severe symptoms, objectively supported by examination findings as of February 22, 2011. Therefore, the claim for an increased rating in excess of 20 percent is denied.

The Board has dismissed the appeal due to the Veteran's death, as it does not have jurisdiction to adjudicate the merits of this claim.

The appellant's husband used 35 months of benefits under the MGIB-SR program, leaving only 12 months and one day available for transfer to her under the Post-9/11 GI Bill. The claim is denied as she is not eligible for more than this amount.

The Veteran's claim for an extension of the delimiting date beyond June 25, 2010, for Chapter 30 educational assistance benefits is denied as he did not present evidence that a physical or mental disability prevented him from initiating or completing his chosen program of education within the applicable eligibility period.

The Board has determined that the four years of obligated service under the ROTC program was not considered active duty for purposes of Chapter 33 benefits, and thus the Veteran's appeal is denied.

The Veteran's household income for 2007 exceeded the income threshold for entitlement to treatment in VA's healthcare system without a copayment requirement. As a result, his claim for treatment was denied.

The Veteran's claims for service connection for testicular pain and a left foot disorder were denied as there is no evidence of injury or disease during active duty or training.

The Board has remanded the case for a videoconference hearing due to the appellant's request, and will decide whether new evidence supports reopening the claim of service connection for the cause of death after the hearing.