Other conditions decisions — 2015

The Veteran's service connection claim for insomnia is granted as his current diagnosis of insomnia was incurred during his active duty in Iraq.

The Veteran's compensation benefits are not being apportioned to the appellant as the custodian of their minor child, J. D., due to a procedural oversight in scheduling a hearing.

The Board found that the Veteran's pre-existing wool allergy did not become permanently aggravated by service, and thus denied her claim for service connection.

The Board has determined that the appellant's claims for service connection for the cause of the Veteran's death, entitlement to accrued benefits, and entitlement to death pension benefits are not properly before it due to a need for further development regarding the characterization of the Veteran's military service. The case is therefore being remanded for this purpose.

The Veteran's claims for service connection for graft-versus-host disease and TDIU are being remanded due to the need for additional development, including obtaining more recent VA treatment records and providing an addendum opinion on the Veteran's diagnoses and employability.

The Board denied a request for an effective date prior to September 1, 2011, for the award of additional compensation benefits based on school attendance for the Veteran's dependent son G.M.S. The appeal is without legal merit.

The Veteran's claim for an extension of Chapter 33 Post-9/11 GI Bill educational benefits assistance was denied as he is not eligible due to his irrevocable election date. The Board found that the Veteran's situation did not meet legal requirements and thus denied the claim.

The Veteran's service connection claim for a left subdural hematoma, status post craniotomy is being remanded due to the need for additional medical examination and development of records.

The Veteran was awarded a total rating based upon individual unemployability (TDIU) due to service-connected disability by a July 2004 rating decision, effective from September 18, 1998. The Appellant's application for DEA benefits was received by VA on July 11, 2012; and nothing in the record reflects she filed a formal or informal claim for these benefits prior to that date.

The Board determined that the appellant is not recognized as the surviving spouse of the Veteran for VA benefits due to a lack of legal basis for finding they were married for at least one year prior to the Veteran's death.

The Board has decided to remand the case due to inadequate medical examination, and a new VA examination is required to determine if the Veteran's sleep disorder is related to his service.

The Board has denied the appellant's claim for an apportionment of her husband's nonservice-connected pension due to the financial hardship it would cause on him.

The Board denied the veteran's claim for non-service-connected pension benefits, including special monthly pension (SMP) as his military service did not meet the threshold service eligibility requirements.

The case is being remanded for further development to determine if the treatment from May 2-3, 2012 was due to a medical emergency and whether VA or Federal facilities were available.

The case is being remanded to schedule the appellant for a hearing before the Board at the RO. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded.

The Veteran died from service-connected myocardial infarction. The VA has already granted service connection for the cause of death and paid $2,000 in burial benefits. The claim for a burial allowance in excess of $2,000 is denied as it exceeds the statutory limit.

The Board denied the appellant's claim for basic eligibility for VA benefits based on her late spouse's military service, finding that he did not have qualifying service. The decision was based on the negative response from the National Personnel Records Center (NPRC).

The Veteran's claims for payment or reimbursement of medical transport and treatment services provided by private facilities are denied as he does not have any service-connected disabilities, is covered by his own health insurance, and thus lacks legal merit.

The Veteran's fatal cardiac and lung disabilities were not incurred or aggravated in service, and his fatal atherosclerosis may not be presumed to have been incurred therein.

The Veteran was granted service connection for residuals of injury, status-post total hip replacement and pelvic asymmetry with a mechanical short left leg effective January 23, 2002.,Dependents' Education Assistance (DEA) benefits were granted effective November 16, 2004.,Special monthly compensation based on loss of use of the right lower extremity was granted effective May 6, 2002.