Other conditions decisions — 2014

The Veteran's claim for SMC based on the need for aid and attendance of another person has been granted. The Board also finds that the Veteran is entitled to service connection for dementia due to his service-connected disabilities, but remands are required for additional opinions regarding whether dementia was caused or aggravated by his service-connected general anxiety disorder and whether he is entitled to compensation under 38 U.S.C.A. § 1151 for dementia.

The Veteran withdrew his appeal for service connection for status post bilateral leg condition, and the Board has dismissed the appeal.

The Board has decided that the claims need further development and will be remanded to the AOJ for additional evidence.

The Board has determined that the Veteran's claims for service connection for Reiter's syndrome and a dental condition are denied as there is no evidence of in-service injury or disease, and no current diagnosis linking these conditions to service.

The Veteran's right inguinal hernia is being remanded for further examination and opinion to determine if it was caused or aggravated by his service-connected left inguinal hernia.

The Board has reopened the Appellant's claim for non-service-connected death pension benefits and found that K.K.W. and K.P.W. are not eligible as dependents of the Veteran. The Appellant is also ineligible to receive non-service-connected death pension benefits due to her income exceeding the maximum annual rate.

The claim for death pension benefits was denied because the appellant's income exceeded the maximum annual limit set by law. The Board has ordered a remand to allow the appellant to provide evidence of her ongoing prescription expenses from CVS and Sam's Club pharmacies.

The Veteran's death was caused by esophageal cancer, which the appellant claims is related to his exposure to Agent Orange during service. The Board has remanded the case for further development and an opinion regarding whether there is a relationship between the Veteran's esophageal cancer and his service-connected diabetes mellitus type II.

The Veteran's right and left hip arthritis have been evaluated at the maximum 10 percent rating since May 24, 2011. The medical evidence does not show any additional limitation of motion or ankylosis that would warrant a higher evaluation.

The Veteran died of rectal cancer and was not service-connected for any disability at the time of his death. The Board found that he did not meet the criteria for additional VA burial benefits as he did not die from a service-connected condition.

The Board has determined that the Veteran's service-connected patellofemoral syndrome and right knee degenerative joint disease do not warrant evaluations in excess of 10 percent.

The Board has determined that the Veteran does not have a skin rash or colon cancer that is related to his military service, including presumed exposure to herbicides. The claims are therefore denied.

The Veteran's claim for service connection for large-cell lymphoma, which was previously denied in 2005 due to lack of exposure to herbicides, has been reopened and granted based on presumed exposure to herbicides during his service along the DMZ in Korea.

The Veteran's death occurred prior to the eligibility criteria for a government-furnished headstone or grave marker, and thus the claim is denied.

The Board has found that the appellant's net worth, after her admission to a nursing facility in July 2012, was not excessive and did not preclude payment of VA improved death pension benefits. The case is remanded for further action regarding the period prior to July 2012.

The Board found that the Veteran's overpayment of VA educational assistance benefits was valid based on investigations conducted by the Manila RO and the VA Office of Inspector General (OIG).

The Board has determined that additional development is necessary by the AOJ prior to adjudication of the TDIU claim due to functional impairment caused by service-connected disabilities. The case is REMANDED for further proceedings.

The Board found that the appellant's character of discharge from military service is a bar to his receipt of VA benefits including Dependents' Educational Assistance (DEA) under Chapter 35, Title 38, United States Code.

The Board has remanded the case for additional development, including obtaining all VA treatment records and readjudicating the TDIU claim based on the new evidence.

The Board has granted an initial rating of 40 percent for Raynaud's disease syndrome of the hands, effective July 15, 2005. The appeal regarding service connection for a left foot disorder was denied.