Other conditions decisions — 2014

The Veteran's claim for service connection for high cholesterol is denied as the condition is not recognized as a disability for VA benefit purposes.

The Veteran's son filed a claim for accrued benefits, but the claim was not timely and there were no pending claims at the time of his death. The appellant did not have standing to file the claim on behalf of his father.

The Board has determined that the Veteran's death was not caused by a condition related to his military service, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Veteran died of ALS, and the appellant was awarded DIC benefits based on service connection for the cause of death due to ALS. The effective date assigned is September 28, 2008, which is the earliest possible date under VA regulations.

The Veteran seeks service connection for residuals of prostate removal, including incontinence, due to exposure to Agent Orange and ionizing radiation. The case is being remanded for further development.

The Board has remanded the case due to issues regarding the timeliness of the appellant's VA Form 9 for the claims of service connection, nonservice-connected death pension benefits, and accrued benefits. The RO must determine if these issues have been resolved and issue a statement of the case as necessary.

The Board has determined that the Veteran's service-connected syphilis substantially contributed to his development of dementia, and thus grants service connection for dementia for purposes of accrued benefits.

The Veteran's appeal for special monthly pension based on the need for regular aid and attendance and/or housebound status is being remanded due to incomplete records, including a missing VA examination report from November 2010. The RO will attempt to obtain this report and provide an addendum or new examination if necessary.

The Veteran's cause of death, carcinoid tumor of the liver, was not caused or aggravated by his service-connected duodenal polyp, postoperative. The Board found no evidence to support a connection between the two conditions.

The Board found that the Veteran's net worth was in excess of what legally allowed for payment of pension benefits during the period from September 21, 2010, to March 15, 2012. As a result, pension benefits were denied for this period.

The Board has determined that the appellant's income exceeded the maximum annual pension rate, leading to the termination of her nonservice-connected death pension benefits.

The appellant's request for an extension of her delimiting date beyond August 23, 2010 for Dependents Educational Assistance (DEA) benefits under Chapter 35 was denied as she did not meet the qualifications for an extension due to lack of evidence showing a disability that prevented or interrupted school attendance.

The Board found that the appellant's income exceeded the maximum annual pension rate (MAPR) for her situation, leading to a reduction of her initial award of NSC death pension benefits from $461.00 per month as of October 1, 2010 to $0.00 effective November 1, 2010.

The Board found that the Veteran's amyloidosis, a disease associated with exposure to Agent Orange, was service-connected due to his in-service exposure. The cause of death was attributed to amyloidosis.

The Veteran's claim for service connection for ALS was denied by the Board, and an effective date of September 27, 2010 is assigned for the grant of service connection for the cause of his death due to ALS.

The Board denied both claims for earlier effective dates, finding that the appropriate effective date for the removal of H. as a dependent spouse is January 1, 2004 and the addition of K. as a dependent spouse is May 1, 2011.

The Veteran's claims for increased ratings for his peripheral vascular disease of the right and left lower extremities were denied as there was no evidence of claudication on walking more than 100 yards or ABI of 0.9 or less, which are required for a higher rating under Diagnostic Code 7114.

The Board has denied the appellant's claim for accrued benefits in excess of $2,588.00 due to lack of legal standing and reimbursement of expenses incurred by the payee at her death.

The Board has determined that the validity and amount of the overpayment of NSC death pension benefits need to be re-evaluated, as it is inextricably intertwined with the waiver request. The appellant must provide additional medical care expenses for the years 2010 and 2011.

The Veteran's total and permanent disability was established prior to the Appellant's application for Dependents' Educational Assistance (DEA) benefits, which is granted.