Other conditions decisions — 2015

The Veteran's esophageal and liver cancers were not shown to be related to his active duty service or toxic herbicide exposure.,At the time of death, he was service connected for diabetes mellitus, tinnitus, left ear hearing loss, and an acquired psychiatric disorder. The cause of death listed on his death certificate was esophageal cancer.

The Board has reopened the claim for service connection for the cause of death due to new and material evidence. However, the case is remanded as there are outstanding development tasks including obtaining medical records and service personnel records.

The Veteran's appeal is being remanded for additional development, including obtaining service personnel records and VA examinations to determine the nature and etiology of his bilateral eye disorder, skin condition of the hands, and peripheral neuropathy of the lower extremities.

The Board has determined that additional development is necessary to determine the creation and calculation of any indebtedness, including whether a pending claim for death benefits based on an application for SSA survivor benefits exists. The appellant will be informed of this determination and her appellate rights.

The Board found that the Veteran's chronic sinus infections are not related to his military service, including exposure to environmental hazards and/or undiagnosed illness. The evidence does not support a finding of service connection.

The Board dismissed the Veteran's motion alleging clear and unmistakable error (CUE) in their May 2010 decision regarding an overpayment of VA educational assistance benefits, as there was no final decision for review on that basis.

The Veteran withdrew his appeal regarding the payment of non service-connected pension benefits, indicating satisfaction with the decision.

The Veteran's claim of service connection for colon and anal cancer has been granted, but the issue of an initial compensable rating remains pending. The case is REMANDED to the AOJ for issuance of a Statement of the Case (SOC).

The Board has remanded the case for further development and readjudication, including obtaining service treatment records and determining whether additional development is necessary to address the claim of service connection for cause of the Veteran's death. The appellant must be informed as to the results of all searches for records.

The Board has determined that the appellant may be recognized as the Veteran's surviving spouse for VA death benefits purposes, resolving reasonable doubt in her favor.

The appellant is not legally entitled to recognition as the surviving spouse of the Veteran for purposes of entitlement to VA death pension benefits.

The Veteran's surgery for a cerebral aneurysm resulted in convalescence from August 23, 2010 to October 11, 2010. The Board granted a temporary total rating due to convalescence.

The Veteran's dry eyes are established as a chronic condition that has persisted since his service, and the Board finds in favor of granting service connection for this condition.

The Veteran's claim for an increased rating for sensory loss of the left lower extremity has been granted, with a current evaluation of 10 percent. The effective date remains August 13, 1999. Claims to reopen for service connection for back disability and schizophrenia have also been granted.

The case is being remanded due to the need for a SOC on the issue of service connection for the cause of the Veteran's death and because the claim for burial benefits is inextricably intertwined with this issue. The appellant must be informed of their right to appeal these matters.

The Board has remanded the case for scheduling a videoconference hearing before the Board. The appellant's claim will be returned to the AOJ after the hearing.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of pneumonia with eosinophilic pneumonitis was denied as there is no evidence that the carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA caused his condition.

The Board has determined that the appellant's income exceeded the maximum annual death pension rate in 2012, thus denying her claim for non-service-connected VA pension benefits.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805 for her grandchild born with spina bifida, as there is no provision in VA law for payment of such benefits based on the Vietnam service of a grandfather.

The Veteran's claim for an annual clothing allowance is denied as there is no service-connected skin disability to support the claim.