Other conditions decisions — 2015

The Board denied legal entitlement to VA death benefits for the appellant, finding that she did not meet the criteria as a surviving child of the Veteran.

The Board has determined that the appellant does not meet the basic eligibility criteria for entitlement to educational assistance under Chapter 30, Title 38, United States Code due to his period of service being characterized as 'under other than honorable conditions,' which is not considered an honorable discharge.

The Board denied the Veteran's request to reopen his claim of entitlement to compensation under 38 U.S.C.A. § 1151 for additional disability, claimed as due to VA medical treatment in December 1988 for a left eye disability, finding that new and material evidence had not been received.

The Veteran's claim for service connection for bilateral cataracts, which is related to his service-connected hypertension, has been remanded due to the need for additional development and opinions from a VA eye examiner.

The Veteran's income exceeded the maximum annual pension rate (MAPR) for nonservice-connected pension benefits, and his claim is denied.

Your claim for service connection for rectal bleeding has been granted. However, the Board lacks jurisdiction to consider this matter as there are no remaining allegations of error of law or fact.

The Board has determined that A.M.S.'s discharge was under conditions other than honorable, which bars him from receiving VA benefits. The appellant's claim is denied.

The Board is remanding the case to determine whether the appellant can be substituted as a claimant for her deceased mother's pending VA death pension benefits application. The underlying issue of establishing status as a child for entitlement to VA death pension benefits remains.

The Board denied a waiver of overpayment of education benefits debt in the amount of $3,699.63 due to an untimely request for waiver.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding the relationship between his current left arm and bilateral hand disabilities and his military service, as well as whether these conditions are aggravated by his right shoulder disability. The VA will also need to provide an opinion on whether his left arm and bilateral hand disabilities are related to his in-service duties.

The Veteran's former agent is entitled to 20% of past-due benefits awarded in February 2014, but the appeal for relief from payment of agent fees has been remanded due to incomplete procedures.

The Board dismissed the claim of clear and unmistakable error in the February 1954 rating decision that denied service connection for duodenal ulcer disease, as it was not a final decision. The March 1955 rating decision is denied due to correct application of law at the time.

The Veteran's claim for a higher rating for his service-connected postoperative residuals of a hiatal hernia is being remanded due to the need for additional development, including obtaining updated treatment records and conducting a new VA examination.

The Veteran's appeal is being remanded for additional development to obtain VA treatment records and a new VA examination. The issues of service connection, rating for knee disorders, and TDIU will be reconsidered after the additional development.

The Board has remanded the case for additional development, including obtaining an addendum opinion regarding the nature and etiology of the Veteran's respiratory disorders.

The Veteran's service-connected residuals of status post comminuted fracture of the right fifth metacarpal are manifested by arthritis and tendinopathy, which have been found to be related to his service-connected condition. The Board has determined that a compensable rating is warranted for these manifestations.

The Veteran's appeal is being remanded due to the need for issuance of a statement of the case regarding his claim for payment or reimbursement for unauthorized medical expenses incurred at a non-VA facility.

The Veteran's service-connected Crohn's disease is rated at 60 percent, the highest available rating under Diagnostic Code 7323 for ulcerative colitis. The disability picture includes frequent exacerbations and excessive daily bouts of diarrhea.

The Board found no evidence of a service-connected back disability and denied the claim as the Veteran's current spine condition is not related to his military service or any service-connected conditions.

The Board found that the Veteran was not unemployable due to service-connected disabilities prior to March 1, 2004.