Other conditions decisions — 2016

The Veteran's claim for an effective date prior to February 23, 2012, for the award of additional VA compensation benefits for a dependent child named J. is denied as there are no legal grounds for such a retroactive award under applicable regulations.

The Veteran died in a motor vehicle accident and there is no service-connected disability at the time of his death. The appellant's eligibility for VA Dependents' Educational Assistance benefits under 38 U.S.C.A. Chapter 35 is denied.

The Veteran does not have a distinct disability characterized by left leg pain that is related to his service or any existing service-connected conditions.

The Board has determined that the appellant's deceased husband had no qualifying service for VA benefits purposes and therefore is not eligible for VA death or disability benefits.

The Veteran seeks service connection for her right breast cancer, which developed after a benign lump in service. The Board finds the need for additional development and an examination to determine if there is any link between her current condition and her military service.

The Veteran's TDIU claim is denied as a matter of law because he has been continuously incarcerated since May 1994 based on a felony conviction, making it impossible to assign a TDIU during this period.

The Veteran's service-connected right eye disability does not preclude him from securing and following a substantially gainful occupation given his education and work history as an accountant.

The Board has remanded the case for a new VA medical opinion regarding whether the Veteran's pancreatic cancer was related to service, including exposure to herbicides. The appellant must respond to the supplemental statement of the case if issued.

The Board has been informed by the appellant's representative that they wish to withdraw their appeal for service connection for the cause of the Veteran's death. As a result, the appeal is dismissed.

The Veteran withdrew his appeal of the denial of service connection for the residuals of a fractured sternum during the December 2015 hearing before the Board.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to address the Veteran's left varicocele symptoms.

The Veteran's claims for service connection for reflex sympathetic dystrophy syndrome of the bilateral upper and lower extremities are being remanded due to a need for additional development, including an examination.

The Veteran's claim for an earlier effective date for a 30 percent disability rating for bilateral kidney stones was denied as the evidence did not meet the criteria for an effective date prior to September 10, 2008.

The Board has determined that the appellant meets the requirements to be recognized as the surviving spouse of the Veteran for purposes of receiving DIC benefits, given her continuous cohabitation with the Veteran and their marriage date prior to his death.

The Veteran's bilateral knee conditions, including Osgood-Schlatter's disease and DJD, are currently rated at 20 percent for each knee. The Veteran is also entitled to separate ratings of 20 percent for meniscal tears in both knees.

The Board has determined that the Veteran's varicose veins were first diagnosed during active service and have continued since, meeting the criteria for service connection.

The Veteran's claim for a higher rating for her service-connected panic disorder with agoraphobia and dysthymic disorder is being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling a new VA examination.

The Board has determined that the overpayment of $8,055 was due to sole administrative error and is not valid. The appeal is granted.

The Veteran has withdrawn her appeals for the claims of entitlement to increased ratings and earlier effective dates for right ulnar syndrome, right epicondylitis/cubital tunnel syndrome. The Board does not have jurisdiction in these matters.

The Veteran's service is not considered to be during a recognized period of war, thus the basic eligibility criteria for nonservice-connected pension benefits are not met.