Other conditions decisions — 2017

The Veteran's income exceeds the limit for nonservice-connected pension benefits, resulting in a denial of higher rate of VA nonservice-connected pension benefits.

The Board denied the Veteran's claim for an earlier effective date for a reduction in the amount of his apportionment award, finding that the earliest notification from the Veteran regarding custody changes was in August 2007. The decision stated that no earlier effective date is warranted as there were no prior communications indicating intent to reduce the apportionment.

The Board found that the Veteran's right and left lower extremity weakness did not meet or approximate the criteria for a higher evaluation under any applicable diagnostic codes.

The Board found that there is no current evidence of burn residuals of the face and neck, and thus denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining service records and scheduling a VA examination to determine the nature and etiology of his upper extremity tingling and numbness.

The Board has remanded the case due to the need for a more recent examination and consideration of new evidence regarding the Veteran's left hand disability.

The Veteran's left and right elbow disabilities have been rated at 10 percent for the entire period on appeal, with no higher ratings granted.

The Veteran's cause of death was esophageal cancer, which is not service-connected. His pending claim for gastric cancer (previously diagnosed) remains unresolved.

The Board has reopened the appellant's claim and found that his character of discharge is honorable, thus not a bar to VA benefits.

The appellant's income exceeded the maximum countable income allowable for receipt of death pension benefits, thus her claim for nonservice-connected death pension benefits is denied.

The appellant does not meet the basic eligibility requirements for nonservice-connected pension benefits due to his period of active duty for training not being considered active service and he was not disabled from a disease or injury incurred in line of duty during that period.

The Board has determined that the Appellant and the Veteran were not lawfully married, and therefore does not meet the criteria for recognition as the surviving spouse of the Veteran for VA benefits.

The appeal has been dismissed due to the death of the appellant.

The appeal is being remanded for the VA Regional Office to decide whether the appellant widow may be recognized as the substitute claimant.

The Veteran was found to have a permanent and total service-connected disability effective July 6, 2012. The appellant is the son of the Veteran and was already over the age of 26 on that date, making him ineligible for Dependents' Educational Assistance (DEA) benefits.

The Veteran's claim for higher education benefits under the Post-9/11 GI Bill (Chapter 33) is denied as her service does not qualify for a higher rate of payment due to the exclusion of certain days from active duty.

The Board denied the Veteran's claim for a Government-furnished memorial headstone or marker, finding that none of the applicable provisions allowed for such benefits due to the Veteran being buried in a marked grave and having died before November 1, 1990.

The Board finds that the evidence is at least evenly balanced as to whether residuals of squamous cell carcinoma (SCC) of the right vocal cord are related to service exposure to microwave radiation. As a result, the Veteran's claim for service connection is granted.

The Board has determined that the appellant's discharge under conditions other than honorable is a bar to VA benefits due to his multiple periods of absence without official leave (AWOL). The Board also found no evidence suggesting he was insane at the time of the offenses.

The Board found that the evidence did not support a finding of service connection for status-post partial colonic resection for volvulus, as there was no direct or secondary service connection based on the current medical opinions and lack of in-service diagnosis.