Other conditions decisions — 2014

The Board has determined that the appellant is not the Veteran's surviving spouse for purposes of receiving death pension benefits.

The Veteran's appeal is being remanded due to the need for additional examinations and the submission of workers compensation records.

The Board has remanded the case for further development, including a VA examination and issuance of a supplemental statement of the case.

The Veteran's cause of death was determined to be Hodgkin's lymphoma, but the Board found that his service-connected disabilities did not contribute substantially or materially to his death. The appeal is denied as there is no legal basis for DIC benefits under 38 U.S.C.A. § 1318.

The Board found that the appellant's income exceeded the maximum annual pension rate for a surviving child, and thus denied her claim for nonservice-connected death pension benefits.

The Veteran's residuals of the left forearm fracture have been rated as noncompensable since October 18, 2007. The VA examiner found no limitation in range of motion and no flare-ups during this period.

The Veteran's active military service was confirmed, but it did not meet the requirement of having 90 days of continuous active duty service for non-service connected pension purposes. As such, the claim for non-service connected pension is denied.

The Veteran's death was due to natural causes and no accrued benefits are payable as the Appellant is not an eligible child for purposes of substitution.

The Veteran's countable income was found to be in excess of the maximum pension rate for non-service connected pension benefits prior to 2010, but not after. As of January 2010, her income is below the applicable MAPR and she is eligible for non-service connected pension benefits.

The Veteran's overpayment of $450.00 was due to VA administrative error and the Veteran has been granted waiver of recovery.

The Veteran's unauthorized medical treatment for lymphoma was not authorized by VA in advance and the facilities were readily available. Therefore, payment or reimbursement is denied.

The Board has determined that the Veteran's current bilateral foot disorder, diagnosed as pes cavus, was not incurred in or aggravated by active military service.

The Board has remanded the case for further development, including obtaining Social Security Administration records and VA treatment records since May 2013. The Veteran's left wrist disability and its service connection will be reviewed by a suitable examiner to differentiate any pathology caused by his left wrist ganglion cyst from other disorders.

The Veteran's claim for reimbursement of repairs to his 2003 Dodge Caravan automatic transmission is denied as the power transmission does not qualify as adaptive equipment under VA regulations.

The Board has granted an earlier effective date of September 11, 2003 for the award of service connection for a schizoaffective disorder. The Veteran's claim for an increased rating for his schizoaffective disorder is remanded due to outstanding medical records.

The Board has determined that the Veteran's personality disorder is not related to service and does not meet the criteria for service connection. The residuals of a traumatic brain injury, including seizure disorder, are also not found to be related to service.

The Veteran's claim for increased Chapter 33 education benefits was denied as he did not meet the eligibility criteria due to his active duty service commitment incurred from attending the United States Air Force Academy, which is not considered 'active duty' for purposes of Chapter 33.

The Veteran withdrew his appeal, resulting in the dismissal of the case.

The Board has granted a TDIU effective January 18, 2005, but found that the earlier claim was not factually ascertainable due to the Veteran's inability to be unemployable solely due to his service-connected chronic prostatitis prior to this date.

The Board has determined that the Veteran's AML/MDS is related to his in-service exposure to Benzene, and thus service connection is granted for these conditions.