Other conditions decisions — 2015

The Veteran's pension benefits were properly calculated and paid from January 2008, but his countable income exceeded the applicable maximum annual pension rate (MAPR) for the periods of February 1, 2009, through January 31, 2010, and December 1, 2011, through November 30, 2012. As a result, his pension benefits were terminated during these periods.

The Board found that the Veteran's respiratory disability is not related to service or any incident during service, and denied his claim for service connection.

The Board has remanded the case for additional development and adjudication due to outstanding VA treatment records not being obtained.

The Veteran's gastrointestinal disorder is being remanded for further development and an updated medical opinion to determine if it is related to service, including presumed herbicide exposure.

The Board has determined that the appellant is not considered a surviving spouse for VA purposes due to her separation from the Veteran, which was not due to his misconduct or fault. The appeal is denied.

The Veteran's claims for higher ratings for his left elbow disorder are denied as the evidence does not show that any of the conditions warrant a rating higher than the currently assigned 10 percent evaluations.

The Veteran's death was not caused by or substantially contributed to by a service-connected disability. The appellant did not file a claim for accrued benefits within one year of the Veteran's death, and her income exceeds the maximum annual countable income limit for receipt of non-service-connected death pension benefits.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding whether Alzheimer's disease is caused or aggravated by service-connected epilepsy.

The Veteran's appeal is being remanded for further development, including obtaining her service treatment records and verifying her Reserve service. A VA examination will also be scheduled to determine the etiology of any foot disorder.

The Veteran's pituitary adenoma with recurrence and surgical resection X4 has been rated at 10 percent since the grant of service connection, reflecting his symptoms including cold intolerance, muscular weakness, cardiovascular involvement, slowing thought, pulse of less than 60 bpm, and sleepiness.

The Veteran claims service connection for cold injury residuals of the feet, which she contends are due to frostbite during basic training. The Board finds that a VA examination is necessary to determine if the Veteran has a current bilateral foot disability and whether it is related to her active duty service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran is seeking service connection for ear sores, which he claims are related to his service-connected bilateral hearing loss. The Board has determined that a VA examination is necessary and additional medical records should be obtained.

The Board has determined that the Veteran's right knee disability may be related to a preexisting condition, and thus remands for further development.

The Board finds that the Veteran's appendectomy and cholecystectomy were not incurred during his period of active duty or service, as there is no evidence linking these surgeries to any in-service injury or disease.

The Veteran does not have a current left foot disability and therefore, service connection for this condition is denied.

The Veteran's death was caused by his service-connected hypertension, which contributed to his cardiovascular disease and subsequent death. The Board granted service connection for the cause of the Veteran's death.

The Board has remanded the case due to inadequate examination and need for additional development, including an addendum opinion from the VA examiner.

The Board found that the Veteran's overpayment of $796.32 for a monthly housing allowance from January 7, 2013, to March 18, 2013, was not properly created because he was not pursuing a program of education offered entirely through distance learning.

The Board denied the Veteran's claim for an effective date earlier than October 28, 2012, for educational assistance benefits under Chapter 30 (MGIB) for an apprenticeship or on-the-job training program with the San Diego and Imperial County Pipe Trades JAC due to lack of a formal claim filed prior to October 28, 2013.