Other conditions decisions — 2015

The Veteran's appeal for payment of nonservice-connected pension benefits is denied as a matter of law because the legal criteria do not allow for partial payment during his period of incarceration.

The Veteran's appeal is being remanded for further development, including a new VA examination and consideration of whether separate ratings are warranted under Diagnostic Code 5309.

The Board denied the Veteran's claim for an earlier effective date of October 25, 2010 for adding his spouse as a dependent due to failure to timely notify VA of her existence.

The Veteran seeks service connection for shin pain, which he claims is related to his in-service diagnosis of stress fractures/shin splints. The VA examiner found no pathology to render a diagnosis but did not address the possible etiology of the Veteran's shin pain as it relates to his shin splints during service.

The Veteran's surviving spouse is not recognized for purposes of establishing eligibility for VA death benefits due to remarriage after the age of 57.

The Veteran does not have a current diagnosis of an upper back/neck disorder, and the record does not contain a recent diagnosis prior to her filing of a claim. Therefore, service connection for this condition cannot be established.

The appellant is recognized as the surviving spouse for purposes of basic eligibility for VA death pension benefits, but not for VA death compensation or dependency and indemnity compensation.

The Board has determined that further development is needed for a proper adjudication of the Veteran's claims, including obtaining medical records and arranging for examinations to address the etiology of his right leg disability and ulcer disease.

The Veteran is not entitled to an increased rate of education assistance benefits under the Post-9/11 GI Bill after August 1, 2012.

The Veteran's death was not due to willful misconduct, and he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Board denied the Veteran's claim for MGIB Chapter 30 'kicker' payments under the provisions of Chapter 33, Post-9/11 GI Bill program due to his ineligibility for a kicker increase under Chapter 1606 at the time of his irrevocable revocation of Chapter 1606 benefits.

The Veteran's service from June 1974 to October 1974 was classified as Active Duty Training (ACDUTRA), not active duty. As a result, he does not meet the threshold eligibility requirement for nonservice-connected pension due to lack of wartime service.

The Veteran's claim for treatment in the VA healthcare system without copayment requirement for 2010 was denied due to income verification issues. The Board has ordered additional development, including obtaining medical expense records and billing information.

The Board found no evidence of a current disability related to service, and thus denied the Veteran's claim for service connection.

The Board found no chronic gynecological disorder present until many years after service, and the current gynecological condition is not etiologically related to service. Therefore, service connection for a gynecological disability was denied.

The Board denied service connection for a brain tumor and headaches as secondary to a service-connected disability. The Veteran's eye disability associated with diabetes mellitus, type II, did not meet the criteria for a separate compensable rating.

The Veteran's squamous cell carcinoma of the base of the tongue and an unspecified malignant neoplasm of the lymph nodes of the head, face, and neck are not service connected as they do not meet the criteria for presumptive service connection based on herbicide exposure. The Board finds that there is no evidence to support a direct relationship between these conditions and his military service.

The Board found that the Veteran's left elbow condition, which is manifested by moderate incomplete paralysis of the ulnar nerve, does not warrant a schedular evaluation in excess of 30 percent.

The Veteran requested withdrawal of his appeal for a TDIU claim, and the Board has dismissed the appeal.

The Board has determined that the Veteran's avascular necrosis, status post total hip replacement and degenerative joint disease of the left hip are not related to his service-connected bilateral knee and ankle disabilities.