Other conditions decisions — 2015

The Veteran died at home and not in a VA facility or under VA contract, so he is not eligible for non-service-connected burial benefits.

The Board found that the termination of VA disability compensation from June 10, 2004, through January 7, 2008 was not proper due to a reasonable doubt regarding whether the Veteran's failure to pay probation-related monetary obligations constituted a probation violation sufficient to place him in fugitive felon status.

The Veteran's service-connected uterine leiomyomata and adhesions, along with other disabilities including PTSD, diverticulitis, and low back pain, have rendered her unable to secure or follow a substantially gainful occupation. She is granted TDIU.

The Board found that the Veteran's respiratory disorder is not related to his service and denied his claim for service connection.

The Veteran's original claim for service connection for a cognitive disorder was submitted on April 12, 1984. The Board has granted an effective date of April 12, 1984 for the grant of service connection.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran and the appellant were validly married under Texas law as of March 2006, which established a date of marriage more than one year prior to the Veteran's death. Therefore, the appellant is recognized as the Veteran's surviving spouse for purposes of eligibility for payment of VA benefits, including Dependency and Indemnity Compensation (DIC) and pension.

The Board has decided the appeal is remanded due to incomplete records and need for further examination. The Veteran's claim of service connection for back injury residuals will be reconsidered.

The Board has granted the Veteran's claim for service connection for spondylolisthesis, finding that the current disability is related to active service.

The Veteran's insomnia is attributable to his service-connected posttraumatic stress disorder (PTSD). The Board finds that the Veteran's current insomnia is due, at least in part, to his service-connected PTSD and grants secondary service connection for insomnia.

The Board has granted the Veteran's claim for service connection for the cause of his death, and he had acute myeloid leukemia that was related to Agent Orange exposure. The issue of entitlement to service connection for acute myeloid leukemia on the basis of substitution and for accrued benefit purposes is remanded for further action.

The Veteran died from a non-service-connected condition and the appellant is seeking additional burial benefits. The claim is denied as there are no service-connected conditions for which the Veteran could have received burial benefits, and his remains were cremated without any associated interment costs.

The Board has determined that the February 2004 rating decision is not final, and thus the claim for service connection for the cause of the Veteran's death is reconsidered. The evidence received within one year of the February 2004 decision relates to a previously unestablished fact necessary to substantiate the claim.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for the cause of the Veteran's death, resulting in a denial.

The Veteran's appeal for eligibility under the Veterans Retraining Assistance Program (VRAP) is denied as he did not meet the legal criteria established by law.

The Board denied an earlier effective date for accrued benefits due to the Veteran's claims for service connection for a paralyzed lung disability and a right leg disability, which were filed on January 9, 2009.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's right inguinal hernia claim. For his left inguinal hernia residuals, a 10% rating is granted as the disability is productive of some industrial impairment but does not render him unemployable.

The Veteran's ear condition, characterized as chronic otitis media and Eustachian tube dysfunction, warrants a compensable rating of 10 percent. The Veteran is also granted TDIU based on his service-connected disabilities.

The Board denied the claim for accrued benefits, finding that the Appellant is not entitled to receive any additional accrued benefits as she does not meet the legal requirements and there is no discretion in this matter.

The Board has determined that the appellant's service between October 2009 and September 2013 may qualify for Chapter 33 benefits, but needs further clarification from DoD regarding his exact status. The case is REMANDED to obtain this information.