Other conditions decisions — 2015

The Veteran's son, who was not a minor or enrolled in school at the time of filing, is denied recognition as his child for VA death benefits.

The Board finds that the appellant is entitled to recognition as the surviving spouse of the Veteran for purposes of establishing eligibility for VA death benefits due to the initial separation being caused by the Veteran's misconduct without fault on the part of the appellant.

The Veteran's Crohn's disease, status post resection of the ileum and cecum, has been manifested by moderate symptoms including weight loss and frequent exacerbations of abdominal pain, abdominal distention, and diarrhea, but without malnutrition or interference with absorption and nutrition. The criteria for an initial disability rating in excess of 30 percent have not been met.

The Veteran's claim for a large tumor on the left hip is denied as there is no evidence of a current disability distinct from his already service-connected left hip disability.

The Veteran's respiratory disorder was rated at 10% prior to March 13, 2014. Effective March 13, 2014, the Veteran is now rated at 30% for his service-connected pleural thick thickening. His bilateral hearing loss disability does not meet the criteria for a compensable rating.

The Veteran's claimed disability of chronic cerebellar ataxia was not shown to be related to his service, including exposure to herbicides, mustard gas, ionizing radiation, or asbestos. The Board found the evidence did not support a finding that the condition began in service and persisted.

The Board has determined that the appellant does not meet the criteria to be recognized as the Veteran's surviving spouse for VA death benefits purposes, and thus the appeal is denied.

The Board has restored the Veteran's 60 percent disability rating for myocardial infarction, effective August 1, 2012, as the evidence did not show an actual improvement in his condition that would warrant a reduction.

The Board has determined that there is no evidence to support an earlier effective date for the award of additional dependency allowance for the Veteran's wife, D.T., prior to May 29, 2012.

The Veteran's appeal is being remanded due to the need for additional records and clarification of his employment history. A new examination will be conducted to assess the functional limitations of his service-connected disabilities on his ability to perform occupational tasks.

The Board finds that the appellant does not qualify as a helpless child for the purpose of establishing eligibility for dependency and indemnity compensation (DIC) based on lack of evidence showing permanent incapacity to self-support prior to his 18th birthday.

The Veteran's appeal is being remanded for further development to ensure that her claim of entitlement to a total rating based on individual unemployability due to service connected disability (TDIU) is properly considered.

The Veteran's claim for a benefits payment rate higher than 60 percent of maximum for educational assistance under the Post-9/11 GI Bill was denied as his qualifying active duty service did not meet the criteria for a higher benefit level.

The Board has determined that further action is needed to determine the validity of the overpayment and whether the appellant should be held liable. The VA will seek additional records, conduct an audit, and consider if administrative or judgment errors can excuse liability.

The Veteran's death occurred prior to the delimiting date of November 1, 1990. As a result, she is not eligible for a Government-furnished headstone or grave marker due to her date of death and the fact that her burial plot is currently marked by a privately purchased marker.

The Veteran's request for an extension of vocational rehabilitation benefits was denied as the extension would go beyond the 48-month eligibility period and because Chapter 30 benefits had adequately prepared him for entry-level employment.

The Veteran's post-operative umbilical hernia residuals are currently rated at 20 percent, and the evidence does not support a higher rating.

The Veteran's dry eye syndrome had its onset during active military service and is granted service connection.

The Board found that the Veteran's cause of death, cardiopulmonary arrest, was not related to his military service and denied the claim for service connection for the cause of the Veteran's death.

The Veteran's skin conditions were evaluated, but the appeal was denied as there was no service connection granted and the ratings for the skin disabilities were not met.