Other conditions decisions — 2015

The Board has remanded the case due to the need for a VA examination and additional development of the record.

The Board has dismissed the appeal as the Veteran withdrew it prior to a decision being made.

The Veteran's claim for service connection for tinnitus was denied in November 1995, and new evidence received since then does not raise a reasonable possibility of substantiating the claim. The Veteran's initial disability ratings for otitis media of the left ear (rated at 10%) and bilateral hearing loss with post-status residual tympanic membrane perforation remain unchanged.

The Board denied an earlier effective date for additional compensation benefits for the Veteran's spouse, finding that VA did not receive adequate notice of her dependency status until August 25, 2009.

The Board has determined that a remand is necessary to obtain additional medical evidence and to schedule the Veteran for an appropriate VA examination. The appeal will be returned to the Board after these actions have been completed.

The Veteran's laryngeal cancer is being remanded for a VA examination to determine if it is related to his in-service exposure at Camp LeJeune. The current evidence does not establish the etiological relationship between the Veteran's service and his condition.

The Board found that the Veteran's death was not caused by VA hospital care, medical or surgical treatment and concluded that there is no evidence of fault on the part of VA in causing the Veteran's death.

The Board denied the appellant's claim of being recognized as the Veteran's surviving spouse for VA purposes due to a lack of continuous cohabitation from the date of their alleged common law marriage until the Veteran's death in 1992.

The Board has denied the Veteran's claim for additional educational assistance under the Post-9/11 GI Bill (Chapter 33) as she had already exhausted her remaining Montgomery GI Bill benefits, making her irrevocable election to receive benefits under Chapter 33 effective.

The Board has determined that the Veteran's liver disorder is not related to his military service, including any use of antifungal medication during service. The claim for service connection is denied.

The Board has determined that a VA medical opinion is needed to determine if the Veteran's death was caused by his active duty service, including exposure to herbicides in Vietnam. Additionally, private treatment records from Schneider Regional Medical Center are requested.

The Veteran's claim for additional Post-9/11 GI Bill (Chapter 33) education benefits for the 2009 and 2010 academic years was denied as he received the maximum amounts of benefits allowed by law.

The Board found that the Veteran's pre-existing seizure disorder, grand mal, did not worsen during service and thus denied service connection for this condition.

The Board finds that the Veteran does not have a current dental disability for which service connection may be granted for compensation purposes.

The Board has determined that the appellant is entitled to educational assistance benefits for his OJT training with Army Contracting Command starting from September 24, 2011. The effective date of this benefit is set as September 24, 2011.

The Appellant is not recognized as the surviving spouse of the Veteran for VA purposes, and therefore cannot be eligible for death benefits.

The Veteran's claim for a higher rate of payment for books and supplies under the Post 9/11 GI Bill is denied as his service does not qualify him for more than 90 percent of the maximum amounts payable.

The Board has determined that further development is necessary due to conflicting opinions regarding the severity of the Veteran's non-Hodgkin's lymphoma and a need for updated treatment records.

The Board has dismissed the motion due to the death of the moving party, as it does not have jurisdiction to rule on this matter.

The Veteran's claim for additional VA educational assistance benefits under the Post-9/11 GI Bill is denied as she has already received 27 months of entitlement and her election to transfer from Chapter 30 to Chapter 33 limits her to that amount.