Other conditions decisions — 2015

The Board has denied a reduction of the current apportionment to less than $250.00 per month of the Veteran's VA compensation payments, finding that there is at least some evidence that the Veteran has discharged his responsibility for the spouse's support and that the current amount constitutes a reasonable apportionment.

The Veteran's income exceeds the maximum annual pension rate, thus he does not meet the basic income eligibility requirement to establish entitlement to payment of non-service-connected pension.

The Veteran's appeal for nonservice-connected and special monthly pensions was denied as he did not comply with income reporting requirements.

The Board has denied the Veteran's claim for service connection for hyperlipidemia, finding that it is not a recognized disability and that his current coronary artery disease already grants him compensation. The appeal was granted to reopen the claim but denied on the merits.

The Veteran died from a combination of myelodysplastic syndrome, pancytopenia, and probable acute myelogenous leukemia. The Board found that these conditions were not related to service.

The Board found that the Veteran's current gynecological condition is not related to her active service and denied her claim.

The Board found that the withholding of $9,309.13 from the Veteran's VA compensation benefits to recoup her receipt of military drill pay was proper and denied the appeal.

The Veteran died due to a gastrointestinal bleed, and his family is seeking burial benefits and/or reimbursement of funeral costs. The appeal is remanded because the issue is intertwined with a claim under 38 U.S.C.A. § 1151.

The appeal is being remanded due to the failure to schedule a Travel Board hearing. The appellant's claim for accrued benefits will be returned to the Oakland, California RO for further action.

The Veteran's service-connected status post gastrectomy with vagotomy is characterized by mild symptoms, associated with infrequent episodes of epigastric distress with characteristic mild circulatory symptoms or continuous mild manifestations. The disability picture does not warrant a higher rating.

The Veteran's cause of death was not service-connected due to exposure to herbicides, and there is no evidence linking his glioblastoma to military service.

The Appellant's claim for death pension and increased benefits for aid and attendance or housebound status is denied as she does not meet the criteria for these benefits due to her current DIC benefits providing the greater award of monetary compensation.

The Board has determined that the Veteran's cause of death, bronchogenic carcinoma, is due to herbicide exposure in service and grants service connection for this condition.

The case is being remanded due to the need for additional records from Utah Valley Regional Medical Center regarding the Veteran's terminal hospitalization. The appellant will be given an opportunity to provide any additional evidence or respond to the request.

The Board has remanded the case due to a scheduling error for a videoconference hearing. The appellant was not scheduled for a hearing and needs one conducted at an appropriate RO in light of her residence in Ohio.

The Board finds the overpayment of Chapter 33 (Post-9/11 G.I. Bill) educational benefits, in the amount of $1,906.80 for monthly housing allowance, was not properly created due to mitigating circumstances and therefore is invalid.

The Veteran is granted an initial disability evaluation of 10 percent for his lung disorder, effective July 6, 2006. The appeal is denied as the evidence does not support a higher rating during any portion of the appeals period.

The Veteran's appeal is being remanded due to the need for additional medical examination and development of his claims, including obtaining private medical records and VA treatment records.

The Board found that the preponderance of evidence is against a finding that the Veteran has a current diagnosis of inguinal hernia or residuals thereof, and that he experienced an injury during periods of active duty for training (ACDUTRA) or inactive duty training (INACDUTRA). As such, service connection for these conditions was denied.

The Board found no evidence of a chronic disability of the bilateral lower extremities, to include PVD and AD, that began during service or for many years thereafter. The only competent, probative evidence or opinion addressing whether there exists a medical relationship between any such disability and the Veteran's service weighs against the claim.