Other conditions decisions — 2015

The Board found that the cause of death was not service-connected and denied both the claim for service connection for the cause of death and the claim for VA burial benefits based on a service-connected death.

The Board denied an evaluation in excess of 10 percent for left elbow DJD prior to May 31, 2013.

The Board has determined that the Veteran does not have service connection for Hodgkin's disease as it is not related to his military service, and specifically denies any presumption of exposure to herbicides.

The Veteran's right and left knee chondromalacia have been rated at 20 percent each, effective April 16, 2009. A separate 20 percent rating has also been granted for right knee instability. The TDIU claim is granted.

The Board has reopened the Veteran's claim for service connection for a pulmonary disorder due to new evidence indicating a relationship between the current condition and in-service chemical exposure. The claim is now ready for further review.

The Veteran requested to reopen his previously denied claim for service connection for residuals of dental trauma, including a condition due to bone loss, for purposes of outpatient treatment only. The AOJ determined that new and material evidence had not been received.

The Veteran seeks service connection for polymyositis, which he claims began in service but was misdiagnosed as shin splints. The VA examiner found that the condition is not related to his in-service shin splints. An additional medical opinion is needed and updated VA treatment records should be obtained.

The Board has determined that the appellant does not have valid military service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the current manifestations of his service-connected skin disorder and outstanding VA treatment records.

The Veteran's request for a dependency and indemnity compensation as a helpless child is remanded due to the need for scheduling a videoconference hearing.

The Veteran's death occurred prior to the appointment of a fiduciary and full payment of his accrued benefits. The appellant, who is not considered a child or dependent under VA regulations, does not meet the eligibility criteria for accrued benefits as per 38 U.S.C.A. § 5121.

The Board has determined that the appellant's character of discharge is not a bar to VA benefits because he accepted an undesirable discharge to avoid trial by general court-martial, which constitutes dishonorable conditions. The new evidence submitted does not relate to this issue and thus does not raise a reasonable possibility of substantiating the claim.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for residuals of sinus surgery, including numbness around the left eye and problems with concentration, sleeping, itching, and redness. The appeal is remanded to determine if informed consent was provided or if a reasonable person would have proceeded with the procedure despite potential complications.

The Board found that the Appellant's income exceeded the statutory limits for entitlement to death pension benefits and denied her claim.

The Board denied the Veteran's claims for an increased rating for his low back disability and TDIU due to service-connected low back disability, finding that the evidence did not support a higher rating or entitlement to TDIU.

The Veteran's current bilateral foot disorder, diagnosed as onychomycosis of the toenails, was incurred in active service and granted.

The Board dismissed the appeal due to the death of the appellant.

The Board denied the Veteran's claim for waiver of his overpayment of $1,824.67 in education benefits due to fault on the part of the Veteran and lack of undue financial hardship.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that her divorce from the Veteran bars her eligibility for such status.

The Board denied the appellant's claim for Veterans Retraining Assistance Program (VRAP) benefits for commercial truck driver training at Hinds Community College, finding that the program was not approved for VA purposes and thus the appellant is not legally entitled to VRAP for that program.