Other conditions decisions — 2014

The appellant's claim for a higher rate of special monthly DIC is denied as the law does not allow for an increase in her current maximum rate based on service-connected death and her residence outside the United States.

The Veteran and her spouse have met the requirements for a marriage under relevant State law, and their marriage is recognized for VA purposes as valid for dependency allowance.

The Board found that the appellant and the Veteran were legally divorced at the time of the Veteran's death, thus denying her claim for recognition as his surviving spouse for VA benefits purposes.

The Veteran's income for the year 2006 to 2007 is excessive and exceeds the maximum annual rate of improved pension, thus denying his claim for VA non-service-connected disability pension benefits.

The Board determined that the withholding of VA compensation benefits from July 18, 2007 to the present due to the Veteran's status as a fugitive felon was improper and restored his VA disability benefits for the full period on appeal.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred from December 18, 2010 to December 24, 2010 was denied as she is not service connected and does not meet the criteria under 38 U.S.C.A. § 1725.

The Veteran's mood disorder is currently rated at 10 percent, and the Board finds that this rating is appropriate given his symptoms. The appeal for increased ratings on other issues is granted.

The Veteran's insomnia is not shown to be related to any disease or injury incurred or aggravated during his active military service.

The Veteran's assets are not considered excessive for receiving nonservice-connected VA pension benefits with a special allowance for aid and attendance, for accrued benefits purposes.

The Board determined that the appellant's deceased husband did not have active service for purposes of nonservice-connected death pension benefits, and thus her claim was denied. The appeal is also dismissed as she has not provided new and material evidence to reopen a claim for accrued benefits.

The Veteran's right hip disorder, including avascular necrosis and degenerative joint disease (DJD), is due to his service-connected compartment syndrome of the bilateral legs. Service connection for this condition has been granted.

The Veteran's eligibility for educational assistance benefits was denied as he did not meet the requirement of having a valid second-class medical certificate on the first day of his vocational flight training program, which began in October 2009.

The Veteran's current skin disability did not have onset during service and was not caused by any event, injury, or disease during active service.

The Board found that the appellant was not permanently incapable of self-support by reason of mental or physical defect at the date of attaining 18 years old, and thus denied her claim for VA benefits as a helpless child.

The Board has ordered a new examination and is remanding the case for further clarification of the opinion provided in November 2012. The Veteran's claim will be readjudicated after this.

The Board denied the Veteran's claim of service connection for a left knee disability, finding that his preexisting condition was not aggravated by service and thus the presumption of soundness at entry did not apply.

The Veteran's effective dates for the 10 percent ratings for hallux valgus with hammertoes on both feet have been granted as of November 18, 1983.,Both effective dates are the same and reflect the date of surgery performed to correct the condition.

The Veteran's application for VA educational assistance benefits under the VRAP was denied because his chosen school does not meet the requirements of a community college or technical school, and therefore, he is not eligible for the program.

The Board has determined that service exposure to Agent Orange in Vietnam contributed substantially or materially to the cause of the Veteran's death from esophageal cancer, and therefore grants service connection for the cause of the Veteran's death.

The Board denied the Appellant's claims for DIC and accrued benefits as he is not a child of the Veteran, nor did he bear the expense of last sickness and burial.