Other conditions decisions — 2015

The Veteran's esophageal adenocarcinoma was not incurred in or aggravated by active service and may not be presumed to have been so incurred or aggravated due to herbicide exposure.

The appellant's income has exceeded the maximum limit for nonservice-connected death pension benefits since her husband's death in June 2005, and she is therefore not eligible for such benefits.

The Board has dismissed the Veteran's claim for service connection for residuals of a left thumb injury due to her failure to provide necessary medical records within one year after being requested.

The Veteran's cause of death claim is being remanded due to its inextricability with the pending esophageal cancer service connection claim and the appeal of a prior Board decision. The additional burial benefits claim also needs further development as it may be affected by the outcome of these other claims.

The Veteran's service-connected post-operative residuals of recurrent angioma of the right tibia are currently rated at 10 percent and does not warrant a higher rating as there is no evidence of more than mild limitation of motion, instability, or additional functional loss.

The Veteran did not submit any dependent information following the enactment of Pub. L. No. 95-479, and he only submitted his updated dependent information in February 2013, which was over a year after the effective date of this liberalizing legislation. Therefore, an earlier effective date for adding the appellant to the Veteran's compensation award is not warranted.

The Veteran's right leg DVT has been granted an initial evaluation of 20 percent, which is in excess of the requested evaluation. The case is now remanded for a second hearing to address whether an evaluation in excess of 20 percent is warranted.

The Board has granted service connection for CAD on a presumptive basis due to herbicide exposure during service.

The Veteran's attorney is seeking clarification on whether they are appealing the eligibility for payment of fees from past-due benefits or the reasonableness of the fee award, or both. The case has been remanded to issue an SOC regarding this dispute.

The Veteran's appeal for education benefits under the Montgomery GI Bill (Chapter 30), Veterans' Educational Assistance Program (Chapter 32), or the Montgomery GI Bill - Selected Reserve (Chapter 1606) is denied as she did not serve a period of active duty and therefore does not meet the eligibility requirements.

The Veteran's claim was reopened and the Board is remanding it for further development, including scheduling a VA examination. The issue of service connection for bilateral shin splints has not been perfected for appeal.

The Veteran's claim of entitlement to an initial compensable disability rating for service-connected ventral hernia is being remanded due to the need for additional medical records and a VA examination.

The appellant is seeking payment of accrued benefits for her caretaker services and funeral expenses, but the Board finds that there were no unpaid periodic monetary benefits to which the deceased beneficiary was entitled at the time of her death. Therefore, there are no accrued benefits from which reimbursement can be issued.

The Board has denied the Veteran's claims for service connection for sick sinus syndrome and hypertensive vascular disorder, finding no credible evidence linking these conditions to his military service.

The Board has remanded the case for further development regarding service connection for cause of death, including consideration of ionizing radiation exposure and potential herbicide exposure. The Veteran's cancer is not presumed due to Agent Orange exposure.

The Veteran's claim for payment of unreimbursed medical expenses is being remanded due to the need for further development regarding eligibility and emergency treatment criteria.

The Board has determined that the termination of the Veteran's nonservice-connected pension benefits effective May 1, 2006 was improper due to the absence of an NCIC offense code indicating flight or a probation/parole violation for the August 19, 2003 warrant.

The Veteran's lung disorder is being remanded for additional development, including a VA examination to determine the nature and etiology of his current respiratory/lung disabilities.

The Board found that the Veteran's left hip disability, diagnosed as psoriatic arthritis and degenerative joint disease, is not related to service. The condition of titubation was also denied due to lack of evidence linking it to service.

The appellant has no legal entitlement to additional VA educational assistance benefits under Chapter 33, the Post-9/11 GI Bill.