Other conditions decisions — 2016

The Veteran's initial and increased ratings for left eye disabilities have been granted, with a TDIU also established. The dry eye syndrome is rated at 10 percent, while the visual impairment due to central stromal scarring has been assigned staged ratings from 60 percent to 20 percent.

The Veteran's left hand disorder, claimed as swelling and diagnosed as arthritis, has not been shown to be caused or aggravated by the service-connected burns to the left dorsum hand.,Residuals associated with the right middle finger disability cause limitation of motion, pain, and functional impairment but do not meet criteria for a higher rating.

The Veteran's income and net worth during the period from March 18, 2009 to March 31, 2010 did not meet the requirements for accrued benefits in excess of $7,796.00 for nonservice-connected (NSC) pension benefits with special monthly pension based on the need for aid and attendance.

The Board has ordered a remand to obtain an updated medical opinion regarding the cause of the Veteran's death, specifically whether his glioblastoma multiforme is related to service exposure to herbicides in Vietnam.

The Veteran's annual countable income as of January 1, 2011 was $0.00, which is the maximum allowable for nonservice-connected pension benefits due to his status as a veteran with one dependent. The Veteran's pension was discontinued because his medical expenses and income were reduced, exceeding the allowable VA limit.

The Board denied the Veteran's claims for effective dates earlier than December 1, 2008, for adding a dependent spouse (L) and a dependent child (J) to his VA compensation benefits. The Veteran's claim for an increased rating for lumbar strain with degenerative changes is also denied.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for ankylosing spondylitis. However, further medical opinion is needed to determine if the Veteran's current condition is related to his military service.

The Board has determined that the Veteran's left hand old powder burn scars do not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Veteran's appeals for service connection for right and left leg amputations, as secondary to his service-connected diabetes mellitus type II, have been dismissed due to the death of the Veteran.

The Board has determined that the Veteran's claims for service connection for residuals of a head injury and residuals of an eye injury need further development due to incomplete medical records and the need for additional examinations.

The Board denied the appellant's appeal, finding that the $5769 received in 2007 constituted countable income for VA pension purposes and thus reduced her death pension benefits.

The Board denied the appellant's claim for educational assistance benefits in excess of the 80 percent level under the Post-9/11 GI Bill, finding that he was not entitled to such benefits based on the applicable law and regulations.

The Board found that the appellant's sickle cell anemia, a preexisting congenital disease, was not aggravated by service and thus denied his claim for service connection.

The Board has determined that the appellant does not have status as a veteran for purposes of this claim, and therefore is not eligible for VA benefits based on this status.

The Board has granted the appellant's request for waiver of overpayment of death pension benefits, finding that recovery would be against equity and good conscience due to her limited income, total disability, and incapacity for further self-support.

The Board has remanded the case for a detailed accounting of how the total overpayment was calculated, including monthly payments and prorated amounts. The issues are inextricably intertwined as the validity of the overpayment is dependent on its calculation.

The Veteran seeks recognition of his daughter, A.L.H., as a helpless child for VA benefits due to her permanent incapacity for self-support before reaching the age of 18 years. The case is remanded to obtain medical records and provide a retrospective opinion from Dr. K.M.K.

The Board has determined that the Appellant's character of discharge is not a bar to VA benefits, as his service was honorable and he served in combat.

The Veteran's claim for service connection for jaw malalignment is being remanded due to the need for additional development, including obtaining dental records and scheduling a VA examination.

The Veteran's arthritis in the left hand is found to be a result of natural aging, not related to his service-connected left wrist disability or injury.