Other conditions decisions — 2015

The Veteran's appeal is being remanded for additional development due to the need to obtain records from Social Security Administration (SSA).

The Veteran's status post Nissen fundoplication is characterized by symptoms such as pyrosis (heartburn), regurgitation, chronic epigastric distress, pain, hiccups, and dysphagia. The Board finds that a 30 percent rating for this condition is warranted.

The Veteran and the Appellant were married for less than a year prior to the Veteran's death. The Board denied recognition as the surviving spouse due to the short duration of their marriage.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a right eye disability, specifically keratoconus. The case is now REMANDED for further development including scheduling of a VA examination.

The Board has reopened the Appellant's claim of recognition as the Veteran's surviving spouse for DIC benefits, but finds that she does not meet the criteria to be recognized in this capacity.

The Board has remanded the case for additional development, including obtaining service personnel records and treatment records from the Corona Regional Medical Center. The claims of entitlement to service connection for the cause of the Veteran's death and nonservice-connected burial benefits are pending.

The Veteran's gastritis was found to have its onset in service and is therefore granted service connection.

The Board has determined that the Veteran is competent to handle disbursement of funds for VA purposes, resolving all doubts in favor of the Veteran.

The Board has determined that there is no evidence of a diagnosed left hip disability, and thus the Veteran does not meet the first element required for service connection. As such, the claim for service connection for a left hip disability is denied.

The Veteran's claim for educational assistance under the Post-9/11 GI Bill is denied as he does not meet the eligibility criteria due to his discharge being general, under honorable conditions.

The Veteran's son (the appellant) seeks payment of accrued benefits in excess of $6001.75 owed to the Veteran at the time of his death, but the Board finds that he does not qualify as a 'child' for purposes of receiving such benefits and thus has no legal entitlement.

The Veteran died in 1955, before November 1, 1990. Therefore, he is not eligible for a government-furnished headstone, marker, or medallion.

The Veteran's claims for payment or reimbursement of emergency air medical transportation charges on November 21, 2013, and continued inpatient treatment at Ocala Regional Medical Center from November 27-29, 2013, were denied as the requirements for timely filing a claim under VA regulations were not met.

The Board has determined that there was CUE in a June 1979 decision denying TDIU, and thus the issue is no longer in appellate status.

The Veteran's application for self-employment services through VA's Vocational Rehabilitation program was denied as his proposed plan is not a suitable vocational goal and exceeds the scope of services provided by VA.

The Veteran's death was caused by a combination of factors, including his service-connected arthritis and the inservice cold injury. The Board finds that the cold injury contributed to the cause of death.

The Board has determined that an effective date earlier than October 8, 1999, for the grant of service connection for gastritis is not warranted. The Veteran's claim was received on October 28, 2002, and he did not file any prior claims or informal claims for gastritis before this date.

The Veteran's claim for an increased rating for his service-connected status post left varicocelectomy with left hydrocele is being remanded due to the need for additional development, including a VA examination and medical opinion.

The Veteran's calcar fracture during his left total hip arthroplasty was not caused by VA negligence or lack of proper skill, and the event was not reasonably foreseeable. The Veteran does not meet the criteria for compensation under 38 U.S.C. § 1151.

The Appellant is not an eligible payee under the law and therefore does not have legal entitlement to accrued benefits. The claim must be denied.