Other conditions decisions — 2015

The Veteran's squamous cell carcinoma of the tongue is found to be a result of herbicide exposure during service, and thus service connection is granted.

The Veteran's service in Vietnam does not qualify the appellant for benefits under Chapter 18 of the Veterans' Benefits Act due to lack of qualifying conditions.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for the merits of the claim.

The Veteran's claim for restoration of competency to handle the disbursement of VA benefits is being remanded due to scheduling issues and lack of representation.

The Board has remanded the case due to an issue related to whether new and material evidence has been submitted to reopen a claim for service connection for obesity, including as secondary to service-connected disabilities.

The Veteran's claims for increased evaluations of his service-connected post-traumatic arthritis of the metatarsophalangeal joints of both great toes, and hammertoes of the right and left second toes are being remanded due to the need for additional development including obtaining VA examination reports and Social Security Administration records.

The Veteran's additional disabilities of MSSA sepsis and blood clots are not found to be caused by VA carelessness, negligence, or similar fault. The acquired psychiatric disorders are not found to be secondary to service-connected conditions.

The Board denied the appellant's claim for VA home loan guaranty benefits as she did not meet the minimum six years of service required for eligibility.

The Veteran's claims for increased ratings in excess of 20 percent for patellar subluxation of the right knee and in excess of 10 percent for patellar subluxation of the left knee were denied. However, his claims for increased ratings in excess of 10 percent for patellofemoral syndrome of the right knee (limitation of extension) and patellofemoral syndrome of the left knee (limitation of extension) were granted with a 10% rating each.

The Board denied the appeal because the Appellant did not file a timely Notice of Disagreement (NOD) within one year from the date of mailing of the September 2010 decision denying DIC, death pension, accrued benefits, and POW status.

The Board finds that the debt created in the amount of $2,615 by terminating the apportionment is not valid due to evidence suggesting the appellant did not receive and cash all checks sent after her divorce from the Veteran.

The Board denied the claim of burial benefits under Chapter 23 because the decedent died during his military service and therefore is not considered a veteran for purposes of this chapter.

The Veteran's appeal is being remanded to the RO for further action, including scheduling a video conference hearing. The issues of service connection and increased evaluations are addressed in separate decisions.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA medical examination to determine if his skin condition is related to service or conceded herbicide exposure.

The Board has decided to remand the case for additional development, including sending a VCAA notice and verifying if the Veteran received an FVEC check. The appellant will be given the opportunity to respond.

The Board has remanded the case due to insufficient evidence regarding the Veteran's gastrointestinal disorder and its relationship to service. The Veteran is asked to provide additional medical records and an examination.

The Board has determined that the appellant is entitled to retroactive payment of Survivors' and Dependents' Educational Assistance (DEA) under Title 38, Chapter 35 of the United States Code starting from January 13, 2011.

The Board has granted service connection for the cause of the Veteran's death and determined that the surviving spouse meets the basic eligibility requirements for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.

The Veteran did not serve on active duty during a period of war, thus the appellant is ineligible for nonservice-connected death pension benefits.