Other conditions decisions — 2017

The appellant's income exceeds the maximum amount allowed to be entitled to nonservice-connected death (survivor's) pension, and thus she is not eligible for death pension benefits.

The Board found that the debt in excess of $7,471.04 was properly created and should be waived due to undue hardship caused by the appellant's move to North Carolina.

The Board denied the Veteran's claims for service connection for intervertebral disc syndrome, entitlement to DIC under 38 U.S.C.A. § 1318, and entitlement to service connection for the cause of his death due to lack of evidence meeting the durational requirements or CUE in prior decisions.

The Veteran's eustachian tube disorder was granted service connection. For his thoracolumbar spine and left shoulder conditions, the Board found that he is entitled to a 20 percent disability rating prior to October 7, 2013.

The Veteran seeks service connection for a lung condition, which may be related to exposure to burning fuel smoke during service in Iraq. The Board finds that an additional VA pulmonary opinion is needed before the adjudication of the Veteran's claim.

The Veteran's claim for an initial compensable rating for anemia was denied as his hemoglobin levels were consistently above 10 grams per 100 milliliters during the appeal period, and he did not exhibit any associated symptoms.

The Board found that the appellant's death pension benefits were properly terminated on May 1, 2016 due to her countable income exceeding the applicable maximum annual pension rate (MAPR).

The Board has remanded the case for further development, including obtaining SSA disability records and VA treatment records. The Veteran's claim will be reconsidered after these additional developments.

The case is being remanded due to the appellant's failure to appear for scheduled hearings and because the scheduling letters were sent to the incorrect address. The appellant will be given another opportunity to provide testimony at a video conference hearing.

The Board has remanded the issues for an increased rating for status post stab wounds of the right posterior chest, right lower abdomen, and right lower leg due to additional development required by a Court decision. The Veteran's service-connected injuries may have caused musculoskeletal disabilities that need to be evaluated.

The Board has determined that the appellant's claim for non-service connected death pension benefits was pending and not denied until March 8, 2004. Therefore, the effective date of the award is set at March 8, 2004.

The Board has determined that the Veteran's dumping syndrome is not related to his military service or any service-connected disabilities, and thus denied his claim for service connection.

The Board has remanded the case for further development, including obtaining updated financial information from both parties and issuing a supplemental statement of the case (SSOC). The appeal is now before the AOJ.

The Board denied the Veteran's claim for service connection for myocardial infarction, claimed as chest pain, finding that the most probative evidence does not attribute the condition to military service despite his contentions. The disability was found to be connected to a September 2007 altercation with his neighbor.

The Board denied the claim for service connection for the cause of the decedent's death as he did not have active military, naval, or air service. The ALS was not incurred in or aggravated by any period of ACDUTRA.

The Veteran's claim for a higher rating for his septal deviation is being remanded due to the need for additional development, including obtaining VA medical records and SSA disability benefits records.

The Veteran's appeal is remanded due to the need for additional medical examination and evaluation of his service-connected emphysema, as well as clarification on the issue of service connection for joint pain.

The Board has found that the Veteran's right elbow condition is not related to service and denied his claim for service connection.

The Veteran's MRSA with recurrent furunculitis was initially rated as noncompensable, but a 10 percent rating was granted effective March 19, 2007. The Veteran also has multiple scars from his service-connected condition that are painful but not unstable and warrant a separate 10 percent evaluation.

The Veteran's service connection claims for arthritis of both feet and alcohol and substance abuse are denied as there is no evidence that these conditions were incurred or aggravated by his active duty service.