Other conditions decisions — 2014

The Board has determined that the record is insufficient to make a decision on the Veteran's claim for nonservice-connected pension benefits due to incomplete information regarding his income and expenses. The case is being remanded for further action.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for plexopathy of the left leg, which he contends was caused by a December 2007 surgery at a VA facility. The claim is currently pending and requires additional development to obtain relevant medical records and determine if there was fault on the part of VA in causing his qualifying additional disability.

The Board denied the Veteran's claims for an initial compensable rating for hallux valgus of the right first toe and a total disability rating for individual unemployability (TDIU). The Veteran was not granted any new ratings or benefits.

The Veteran's son submitted a claim for accrued benefits, but there was no pending claim at the time of the Veteran's death. Therefore, the appellant has no legal entitlement to accrued benefits.

The Veteran's right breast pain and swelling during service have been diagnosed as fibrocystic breast disease, which the Board finds to be incurred in service.

The appellant is not recognized as the Veteran's surviving spouse because she was legally divorced from the Veteran at the time of his death, and therefore does not meet the legal requirements for VA benefits.

The Veteran's appeal has been dismissed due to their passing away prior to a final decision.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at Corning Hospital from April 27, 2011, through May 3, 2011 is being remanded due to the need to obtain treatment records and provide a medical opinion regarding whether VA or other Federal facilities were feasibly available.

The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38 United States Code because her period of eligibility ended on her 26th birthday. The Veteran's death was adjudicated to be service-connected after the appellant reached her 26th birthday.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's tonsil cancer was not present during his military service and is not linked to exposure to Agent Orange. The Board found that the evidence does not support a finding of service connection for the condition.

The Board found that the Veteran's net worth was not excessive for special monthly pension purposes during the period from October 8, 2012, to November 2, 2013, and thus granted his claim.

The Board has ordered the case to be remanded due to insufficient VCAA notice and incomplete development regarding the appellant's claim for service connection based on herbicide exposure in Thailand. The AOJ is instructed to provide proper notice and consider all available evidence, including a response from the Air Force Historical Research Agency.

The Board has determined that the Veteran's preexisting left leg varicose veins and venous insufficiency were not aggravated by service, and there is no evidence of a deep vein thrombosis or worsening during service. The Board therefore denies both claims.

The Veteran's income for 2010 exceeded the income threshold required for eligibility to receive VA healthcare without a copayment requirement. As a result, his eligibility status was changed to requiring a copayment for the period from April 28, 2011 to April 26, 2012.

The Board has determined that the Veteran's schizoaffective disorder had its onset in service and is therefore granted service connection.

The Board has determined that the Veteran's neck and back injuries are at least as likely as not incurred during service, thus granting service connection for these conditions.

The Veteran's income from March 2010 onward exceeded the maximum annual pension rate, preventing him from receiving non-service-connected pension benefits.

The VA Board found that there is no evidence linking the Veteran's metatarsalgia and bone spurs of the feet to her service, thus denying her claim for service connection.

The Veteran's left knee disability, characterized by full flexion and extension with objective evidence of crepitation and subjective reports of pain, was found to warrant a 10% rating prior to October 13, 2010.