Other conditions decisions — 2015

The Veteran's spouse, L.M., was recognized as a dependent for purposes of an increase in his compensation award effective April 1, 2010. The overpayment issue is remanded.

The Board denied service connection for a chest disorder, including pectus carinatum, in April 1993. The Veteran's claim was reopened based on new evidence submitted by his mother, but the Board found that this evidence did not raise a reasonable possibility of substantiating the claim.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected accessory nerve palsy with atrophy and partial separation of the right acromioclavicular joint.

The Board has determined that additional development is needed to determine the nature and etiology of any current lower leg and/or foot disability identified on examination, including whether it is at least as likely as not causally related to the appellant's active service or any incident therein, such as wearing boone docker style boots. The case will be remanded for this purpose.

The Board has determined that further development is needed to address the Veteran's claims for service connection and TDIU, including obtaining a VA examination.

The Board has not received a timely Substantive Appeal and is unable to determine if new evidence was submitted. The case must be remanded for the AOJ to obtain any Form 9 Substantive Appeal and readjudicate the issue.

The Veteran's daughter is not eligible for accrued benefits as she did not file a timely claim and does not meet the eligibility criteria. The burial benefits claim was denied due to untimely filing.

The Veteran's claim for service connection for ALS was received by the VA on June 24, 2011. The Board finds that no earlier effective date can be granted as there is no evidence of a formal or informal claim prior to this date.

The Veteran's claim for service connection for a heart disorder, including a heart murmur and an enlarged heart, is denied as there is no current evidence of such a condition.

The Board has remanded the case due to incomplete records, specifically missing VA treatment records and private hospital records. The appellant's claims for service connection for the cause of death and for VA burial benefits are inextricably intertwined and must be addressed together.

The Veteran's income was not excessive for VA non-service-connected pension benefits, and he is entitled to receive the maximum annual pension rate of $11,181 for a single Veteran with no dependents.

The Veteran died in his home and was buried in a national cemetery. The appellant's claim for nonservice-connected burial benefits is denied as the Veteran did not meet any of the eligibility criteria.

The appellant is not eligible for death pension benefits due to her income exceeding the statutory limits.

The Board has remanded the case due to a lack of service personnel records and an August 8, 2005 discharge determination. The appellant's eligibility for VRAP is being reviewed.

The Board has found that the Veteran and the appellant were not married at the time of his death in October 1982, thus denying the claim for surviving spouse status.

The Veteran's claim for basic eligibility for VA educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) was denied because his character of discharge was under honorable conditions (general), which does not meet the requirements for eligibility.

The Board found that the Veteran's current testicular disorders, other than right-sided hydrocele, are not related to his service and denied his claim for service connection.

The Board denied service connection for cancer of the tonsils (claimed as cancer of the larynx/trachea) due to lack of evidence linking it to Agent Orange exposure. The Veteran's PTSD was rated at 30 percent, which is within the range allowed by law.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this case.

The Veteran's claim for service connection for a left arm disability is denied as there is no evidence of a current disability and the claimed condition did not manifest during active duty.