Other conditions decisions — 2014

The Board denied the Veteran's claim for service connection for memory loss and determined that new and material evidence had been submitted to reopen his claim for hearing loss, but did not grant it on the merits.

The Board has denied the Veteran's claims for service connection for residuals of a left eighth rib fracture and left hand strain. The claim for residuals of a left eighth rib fracture was denied due to lack of current disability, while the claim for left hand strain was withdrawn by the Veteran.

The Veteran's appeal for nonservice-connected pension was dismissed due to his failure to provide requested income information from his spouse within a year of the request.

The Board has determined that the Veteran's annual countable income exceeded the prescribed limit for entitlement to nonservice-connected disability pension benefits, and thus termination of his pension benefits was proper.

The Board denied a waiver of recovery of an overpayment of VA compensation in the amount of $13,777 due to the appellant's bad faith in failing to report her income for 2010 and 2011 until November 2011.

The Veteran died in 1984 and was buried at a marked gravesite in a private cemetery. The claim for a government-furnished headstone or marker is denied because the law did not apply to Veterans who died before November 1, 1990.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for purposes of establishing eligibility for VA death pension benefits.

The Veteran's lumbar spine disability, which is manifested by spondylitis and intervertebral disc syndrome, does not meet the criteria for an evaluation in excess of 20 percent.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim will be reconsidered based on all evidence.

The Board has granted service connection for the Veteran's ovarian cysts, finding that they are likely related to her pelvic pain experienced during active duty.

The Veteran's appeal for a total rating based on individual unemployability due to service-connected disabilities was dismissed as there was no substantive appeal submitted.

The Veteran's LPR has been granted a 30 percent disability rating effective April 16, 2014. His Vocal Cord Dysfunction remains at the 10 percent level.

The Board has remanded the case due to insufficient opinion regarding whether the service-connected foot disability permanently worsened the arthritis of the spine.

The Veteran's back strain was rated at 20 percent prior to September 20, 2010 and increased to 40 percent thereafter. The rating is based on the presence of incapacitating episodes with a total duration of at least two weeks but less than four weeks in the past twelve months.

The Veteran's appeal is remanded due to his request for a Board videoconference hearing. The case will be returned to the Board after the hearing.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection of a right eye disorder. The Veteran's statements do not provide sufficient evidence to link his current vision issues to his period of active service or to a service-connected left eye disability.

The Veteran's claim for service connection for a left foot strain is being remanded due to the need for additional examination and opinion regarding whether it is at least as likely as not related to his active military service, caused by or aggravated by his service-connected left knee/lower leg strain.

The Veteran's claim for additional dependency benefits for his child over the age of 18 based on high school attendance was denied because no claim was filed within one year of her attaining the age of 18.

The case is being remanded for clarification on a March 2010 letter and further development of the record.

The Veteran's death prevented any payment for the month of September 2008 due to his pension benefits being discontinued on August 31, 2008. The appellant did not have a pending claim at the time of her father's death and thus is denied accrued benefits.