Other conditions decisions — 2015

The Veteran's claim for a clothing allowance is being remanded due to the need for additional evidence and evaluation regarding the use of his orthotic inserts. The case will be reconsidered after obtaining relevant medical records and conducting further determinations.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C.A., Chapter 35, as she did not meet the basic eligibility requirements due to her age at adoption and lack of required documentation.

The Board has determined that Chapter 35 benefits have been awarded, but the effective date is not disputed by the appellant. As a result, the appeal is dismissed.

The Board has granted service connection for a bilateral upper extremity disability manifested by pain and numbness, finding that the Veteran's symptoms began during his military service.

The Board found that the Veteran did not exhibit Graves' disease with exophthalmos, strabismus, and decreased vision in service or within a year of discharge from service. The preponderance of evidence failed to show a causal connection between the Veteran's active military service and his claimed condition.

The Veteran's service-connected white matter infarct with residual left upper extremity weakness is currently rated at 10 percent effective April 30, 2010. The rating was increased from noncompensable prior to that date.

The Veteran withdrew his appeal for additional SMC based on the need for a higher level of care at the rate specified under 38 U.S.C. Section 1114(r)(2), prior to January 11, 2013.

The Board has determined that the Appellant is not eligible to receive nonservice-connected death pension benefits as her remarriage terminated by her second husband's death does not meet the legal requirements for surviving spouse status.

The Board found that the surviving spouse's net worth remained a bar to VA death pension benefits, effective January 1, 2009. The evidence showed her assets were sufficient to meet her basic needs from January 1, 2009.

The Veteran's initial claim for a higher rating for his right shoulder disability was granted, and he is now receiving a 30 percent disability rating.

The Veteran's claim for an increased rating for peptic ulcer disease (PUD) was denied because he failed to report for a scheduled VA examination without providing cause.

The Board has dismissed the appeal due to the appellant's withdrawal of her appeal regarding apportionment of the Veteran's VA disability compensation benefits.

The Veteran's right tibial stress changes and left distal tibial stress fracture with left tibial stress changes are rated at 10 percent each since May 27, 2014.,Prior to May 27, 2014, the Veteran is entitled to a 10 percent rating for both conditions.

The Board has determined that there is no evidence of a spine or bilateral lower extremity disability related to service.,The Veteran's current back and knee disabilities are currently service connected for peripheral neuropathy secondary to diabetes.

The Board is remanding the case to obtain information regarding the character of discharge for the Veteran's June 2007 through March 2008 period of service, as VA has conceded that this period occurred but cannot determine its characterization.

The Veteran's motion alleging clear and unmistakable error (CUE) in a 1991 Board decision was dismissed without prejudice due to insufficient details provided.

The Board has determined that the claimant qualifies as the surviving spouse of the Veteran for purposes of VA benefits, given her continuous cohabitation with him prior to his death and due to his misconduct.

The Board has remanded the case due to the need for a VA examination and additional medical records.

The Veteran does not have a compensable dental condition and her bone loss is not due to service-connected trauma. Therefore, she is not entitled to service connection for a dental disorder.

The Veteran died of a non-service-connected cause and was not buried in a national or state-owned cemetery. Therefore, the claim for nonservice-connected burial benefits is denied.