Other conditions decisions — 2015

The Board has determined that a remand is necessary to assess the Veteran's competency for direct payment of VA disability benefits due to new evidence received since his last examination in December 2011.

The Veteran's upper respiratory disability, including asthma and allergic rhinitis, was granted service connection in a September 2015 rating decision. The claim for left thigh numbness remains pending.

The Veteran's TDIU claim is being remanded due to the need for a Travel Board hearing.

The Veteran's claim for an earlier effective date for a 60% rating for his service-connected residuals of a tendon graft of the fifth finger of the right hand has been granted, with the effective date set at July 13, 1998. The effective date for SMC based on loss of use of the right hand is also set at July 13, 1998.

The Board finds that the Veteran did not make qualifying contributions to the Chapter 32 educational assistance program from his military pay during active service, and thus does not meet the criteria for entitlement to education assistance under the Post-Vietnam Era Veteran's Educational Assistance Program.

The Board has determined that the claim must be remanded for additional development, including obtaining VA treatment records and scheduling an orthopedic examination to determine the nature and etiology of any current bilateral foot disorder.

The Board has determined that the Veteran's current left foot strain is related to his period of active service, and thus grants entitlement to service connection for this condition.

The Board found that the Veteran had qualifying service as an American Merchant Marine during World War II, which qualifies the appellant for DIC death pension benefits.

The Board denied the claim for a Government-furnished headstone or grave marker because EBC's grave is not considered an 'unmarked' grave, even though it lacks individual markers. The appellant argued that the marble block indicating the location of the grave does not meet the requirement of having a marker for each individual grave.

The Board has found that the overpayment of VA parent's DIC benefits in the amount of $3,360.00 was the result of misrepresentation on the part of the appellant and therefore waiver of recovery is precluded.

The Board has determined that the Veteran's pleural effusion, which contributed to his death, was due to or resulted from in-service asbestos exposure. As a result, service connection for the cause of the Veteran's death is granted.

The Board has determined that the Veteran's Crohn's disease is related to his military service and grants service connection for this condition.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's left ulnar nerve disability, including whether it is related to his service-connected amputation injury.

The appellant is not recognized as the surviving spouse of the Veteran for purposes of basic eligibility for VA DIC benefits/death benefits due to her divorce from the Veteran in 1997, which was not procured by the Veteran's misconduct.

The Veteran's bilateral thumb carpal-metacarpal arthritis has been granted a 10 percent disability rating, effective January 15, 2003.

The Veteran's son was denied eligibility for DEA benefits under Chapter 35 as his application was received after the basic delimiting date of his 26th birthday and subsequent to his 31st birthday.

The Board denied the claim for basic eligibility for payment of nonservice-connected death pension benefits as the surviving child of a veteran due to lack of qualifying military service.

The appellant is not eligible for accrued benefits as she does not meet the statutory definition of 'child' and did not file her claim within one year after her mother's death.

The Board found that the Veteran's bilateral lower extremity paralysis was not caused by VA carelessness, negligence, or similar fault and that it did not result from an event not reasonably foreseeable. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's right little finger fracture disability has been productive of painful motion throughout the appeal period, and a minimum disability rating of 10 percent based on painful motion is granted.