Other conditions decisions — 2017

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of any sleep disorder and arthritis prior to his death.

The Veteran's countable income, after excluding medical expenses and insurance premiums, exceeds the maximum annual pension rate (MAPR) for nonservice-connected pension.

The Board has granted the Appellant's claim for educational assistance benefits under Chapter 33 of Title 38, United States Code (Post-9/10 GI Bill) based on his National Guard service from March 28, 2005 to August 31, 2006.

The Veteran's current bilateral foot disability of hallux valgus is not service connected as it was noted at the time of entry into service and did not worsen during active duty.

The Board denied the Appellant's claim for recognition as the surviving spouse of the Veteran, finding that her remarriage after the Veteran's death precluded her from qualifying under VA regulations.

The Veteran seeks service connection for a neurological disorder of the right lower extremity, which he claims is secondary to his service-connected diabetes mellitus or intervertebral disc syndrome. The Board has remanded this case due to insufficient opinion regarding the etiology of any neurologic disorders diagnosed since the filing of the claim.

The Board found that the Veteran did not have qualifying service and therefore could not be recognized as his lawful surviving spouse for VA compensation purposes, leading to denial of the claim.

The Board has remanded the case for additional development, including obtaining VA outpatient treatment records and scheduling a VA examination of the Veteran's bilateral foot disabilities. The issues on appeal are entitlement to service connection for bilateral foot disabilities and respiratory disability.

The Board found that the overpayment of VA service-connected compensation benefits based on removal of former spouse, R.F., as a dependent effective May 1, 2000, was properly created.

The Board has determined that the Veteran's eye disability, manifested by impaired vision, did not have its onset during service and is not a result of service. Therefore, the claim for service connection for an eye disability is denied.

The Veteran's claim for a higher rating for his service-connected left knee disability is being remanded due to the need for an updated VA examination and consideration of additional evidence.

The Veteran's death occurred prior to the payment of his awarded benefits, and as such, accrued benefits cannot be paid to him or his estate. The appellant is not eligible for accrued benefits due to her lack of legal status as a child under VA regulations.

The Board has remanded the case for scheduling a Videoconference hearing before a Veterans Law Judge (VLJ) at the earliest possible convenience.

The Veteran's left arm disability, including the elbow, is being remanded for additional development as there are conflicting opinions regarding its etiology. The claim will be reconsidered after obtaining an addendum from the May 2013 VA examiner.

The Board denied the appellant's attempt to reopen her claim of service connection for the cause of the Veteran's death, finding no new and material evidence. The appeal is denied.

The Veteran's death was not due to a service-connected disability.,The appellant is not entitled to DIC benefits under 38 U.S.C. 1318.

The Veteran's appeal for an increased rating for his left thumb disability was denied. The VA examiner found that the Veteran had no significant effects on his usual occupation and noted that he did not have amputation, ankylosis, or deformity of any digits of the left hand.

The Board has determined that the Veteran does not have a current bowel/groin or back disability, and finds that these conditions are less likely than not related to service. The claims for service connection for these conditions remain denied.

The Board found that the Veteran's visual disability was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's heart palpitations, atypical chest pain, and paroxysmal tachycardia are presumed to be related to service due to their occurrence during the Gulf War era. The eye deformity is not considered a disease or injury for VA compensation purposes.