Other conditions decisions — 2015

The Veteran's appeal is being remanded due to the appellant moving from Illinois to Iowa and requesting a hearing in her new location.

The Board has ordered a remand to obtain an addendum opinion regarding whether the Veteran's service-connected diabetes mellitus caused or aggravated his dental disability. The claim is being returned for further development.

The Board denied the Veteran's claims for service connection for bile duct cancer and entitlement to cause of death due to bile duct cancer, finding that there was no evidence showing a link between the Veteran's in-service exposure and his condition.

The Veteran did not meet the service requirements for nonservice-connected death pension benefits as his service was less than 90 days and he was discharged due to a non-service-related reason. The claim is denied.

The Veteran's death was not due to a service-connected condition, and there is no evidence of herbicide exposure or any other presumptive basis for service connection. The cause of death was metastatic esophagus carcinoma, but the primary site was in the esophagus, not the lung.

The Veteran's appeal regarding NSC pension benefits for the period from April 8, 2008 to May 16, 2009 is pending and needs clarification as to whether or not these benefits have already been awarded.

The Veteran died of ALS, and the effective date for DIC benefits based on service connection for his cause of death is September 23, 2008 due to a liberalizing regulation. The appellant's earlier claim was denied in December 1999, and there is no legal basis for an earlier effective date.

The Board has remanded the case due to incomplete verification of the Veteran's Reserve service and the need for additional private medical records. The Veteran is seeking service connection for a back disability, but further examination and review are needed to determine if his current condition is related to his military service.

The Board has determined that a VA examination is needed to determine the etiology of any right hip/right sacroiliac joint disability due to service, and the case is being remanded for this purpose.

The Board found that the Veteran's thoracic spine strain did not warrant a rating in excess of 10 percent prior to June 28, 2011 and denied an increased rating from 20 percent forward from that date.

The Veteran's PTSD has been granted an initial rating of 50 percent, effective April 2007. The claim for a higher rating and earlier effective date are both granted.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Video Conference Hearing. The case will be returned to the Board after rescheduling the hearing.

The Board finds that the Veteran's receipt of workers' compensation in 2010 was properly included in his countable income for pension purposes, and thus grants this claim.

The Veteran died of non-Hodgkin's lymphoma, but there is no evidence to support service connection due to exposure to herbicides or any other service-connected condition contributing to his death.

The case is being remanded due to missing documents and the Veteran's failure to attend a scheduled hearing. The AOJ will have an opportunity to adjudicate whether new and material evidence has been submitted to reopen the claim of basic eligibility for VA pension benefits.

The Veteran has withdrawn his appeal regarding the issue of entitlement to nonservice-connected pension benefits.

The Veteran's loss of balance, nystagmus, and intermittent blurred vision are related to his service-connected aneurysm.,The Veteran's cognitive impairment (claimed as memory loss) is also related to his service-connected aneurysm.

The Veteran's service did not include wartime service, and therefore the appellant is not eligible for nonservice-connected death pension benefits.

The Board denied the Veteran's claims for an initial evaluation in excess of 10 percent for corneal keratitis and for an earlier effective date for service connection, finding that there was no evidence supporting these claims.

The Board found that the Veteran's cause of death, respiratory failure due to pneumonia, was not caused or contributed substantially or materially by his service-connected conditions (gunshot wound residuals and frozen feet).