Other conditions decisions — 2015

The Veteran's surviving spouse received VA Dependency and Indemnity Compensation (DIC) benefits. The Appellant, the son of the deceased Veteran, is seeking accrued benefits for his mother's funeral costs as she did not cash a check before her death in May 2012.

The Veteran's claim for service connection for Chronic Lymphocytic Leukemia was reopened and granted effective January 27, 2010.

The Board has determined that the appellant's marriage to the Veteran does not qualify her for survivor's benefits, and thus denies the claim.

The Veteran's claim for a rating in excess of 10 percent for residuals of a fractured coccyx was denied, as the current 10 percent rating is considered the highest allowable under applicable diagnostic codes. The claim for service connection for bilateral hip and leg disorder was also denied due to lack of evidence supporting secondary service connection.

The Veteran did not serve during a period of war for 90 days or more and was not separated from service due to an adjudicated service-connected disability. Therefore, the criteria are not met for establishing basic eligibility for VA nonservice-connected death pension benefits.

The Veteran's death was due to a service-connected condition, but the appellant is not eligible for additional burial benefits as the Veteran did not have US citizenship and was not residing in the United States at the time of his death.

The Veteran's request for a hearing has been granted, and his case is being remanded to the RO for scheduling a videoconference hearing at his local regional office.

The Board determined that the retroactive termination of the Veteran's additional disability compensation benefits for a dependent spouse, M., effective July 1, 2006, was proper. The reduction of the Veteran's disability compensation benefits payments to the equivalent of a 10 percent evaluation, effective July 19, 2006, due to incarceration for a felony conviction was also determined to be proper.

The Veteran's appeal is being remanded for further development, including obtaining an adequate medical opinion regarding the relationship between his service-connected adenocarcinoma of the lung and his diagnosed COPD.

The Board has determined that the Veteran timely filed a substantive appeal regarding his claim for an earlier effective date for TDIU. The case is being remanded to schedule the Veteran for a Travel Board hearing.

The Board has remanded the case due to questions regarding the validity of the overpayment debt and a need for an updated financial status report.

The Veteran's request for a waiver of an overpayment under the Post-9/11 GI Bill was not timely filed, and therefore, the claim is denied.

The Veteran is seeking compensation for additional disability of the left arm, manifested by pain, numbness, tingling and vein damage, claimed as a result of VA treatment in July 2013. The Board has determined that further examination and development are needed to address his claim.

The Board has remanded the case for further development, including obtaining all relevant treatment records and providing a VA examination to assess the Veteran's paroxysmal supraventricular tachycardia. The appeal is now pending again with the RO.

The Veteran's right symphysis pubis fracture disability has been rated at 10 percent since October 14, 2005. The evidence shows moderate symptoms with constant pain and limitation of motion but no marked knee or hip disability.

The Board has determined that the Veteran's low back disability, diagnosed as IVDS, had its onset in service and is therefore granted service connection.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled videoconference hearing. The case will be returned to the Board after rescheduling the hearing.

The Veteran seeks service connection for a bilateral hand disorder, including arthritis of the hands. The Board finds that there is no evidence to support a finding that his current condition is related to his military service or any service-connected disability.

The Board has remanded the case for additional development, including obtaining a new VA eye examination by an ophthalmologist to determine if any diagnosed eye disorders are related to active military service.

The Veteran's appeal for special monthly compensation (SMC) based on aid and attendance/housebound has been dismissed due to the death of the Veteran.