Other conditions decisions — 2016

The Board has decided to remand the case due to incomplete records and incorrect address information, requiring further development before a final decision can be made on the service connection for cause of death.

The Veteran's income exceeded the maximum rate for nonservice-connected pension and death pension benefits, as his countable income was too high to qualify him for these types of benefits. The appellant also had a significant amount of income that exceeded the maximum annual pension rate.

The Veteran's appeal is being remanded due to the need for clarification of his right hand disability and its relationship to his service-connected right middle finger fracture.

The Veteran's claim for reimbursement of private medical treatment expenses at Creighton University Medical Center from August 21, 2012 to August 22, 2012 is denied as the Veteran had private health insurance that covered a portion of the costs.

The RO reduced the combined rating for the Veteran's service-connected right upper extremity disabilities from 90% to 80%, effective July 1, 2015. The reduction was proper as it did not exceed the maximum allowable combined rating under VA regulations.

The Veteran's urinary incontinence is found to be etiologically related to his service-connected low back disability, and the claim for service connection is granted.

The Board has determined that there is no current evidence of a ratable heart disability, and thus the Veteran's claim for service connection for a heart disability is denied.

The Board finds that the Veteran's hairy cell leukemia is related to his military service, including exposure to Benzene as a result of his duties in the military. As such, the claim for service connection for hairy cell leukemia is granted.

The Veteran's appeal for vocational rehabilitation subsistence allowance benefits under Chapter 31 for the Fall 2014 and Spring 2015 semesters is granted, subject to regulations governing payment of monetary awards.

The Board found that the Veteran's death was not caused by a service-connected disability and denied his claim for service connection for the cause of his death.

The Veteran's appeal for additional educational assistance benefits under Chapter 30, Title 38, United States Code was denied as he did not meet the eligibility requirements based on his service and the Secretary of Defense has not provided for such benefits.

The Board is remanding the case to determine if VA has authority to offset SBP annuity payments against retroactive DIC payments, as this was not addressed in the prior decision.

The Board finds that the Veteran's asbestos exposure during active duty service contributed to his death by causing respiratory impairment, which affected his response to anti-cancer treatments.

The Board has denied the appellant's request to reopen his claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of new and material evidence.

The Board has remanded the case for further development and readjudication due to issues related to service connection for diplopia in the left eye. The Veteran's claim will be reviewed again, with an attempt to schedule a medical examination.

The Veteran's appeal is being remanded for additional development, including clarification of his medication history and a VA examination to determine the extent of his service-connected skin disability. The claim for TDIU will also be remanded.

The Board has determined that the Veteran's otitis media was incurred in service and granted service connection for this condition.

The Board denied the Veteran's claim for Post-9/11 GI Bill benefits at a rating in excess of 70 percent, finding that new and material evidence had not been received. The appeal is denied.

The Veteran's appeal is being remanded for further development to determine if the Appellant can be substituted as the claimant, and then to adjudicate his service connection claim.

The Board found that the Veteran's notice of disagreement was timely and returned her case to the agency of original jurisdiction for a statement of the case on the merits.