Other conditions decisions — 2018

The Veteran withdrew his request for nonservice-connected pension, so the appeal is dismissed.

The Veteran's joint pain, fatigue, and gastrointestinal symptoms are granted as due to an undiagnosed illness or medically unexplained chronic multisymptom illness. Tinnitus is denied. CAD with sick sinus syndrome status post dual chamber pacer is denied.

The Veteran's appeal for a compensable disability rating for residuals of pharyngitis was dismissed as he explicitly withdrew his appeal with full understanding of the consequences.

The Veteran and the appellant were divorced in May 2007, and the appellant resided in California while the Veteran resided in Oregon. The Board found that they did not meet the requirements to be recognized as the surviving spouse for purposes of receiving DIC benefits.

The Veteran's appeal for service connection for stroke has been dismissed due to the death of the appellant.

The Veteran's claim for an increased rating for his left shoulder disability is pending. The TDIU claim is being remanded due to the inextricability of the two issues.

The veteran's spouse had income exceeding the maximum annual pension rate, thus denying her entitlement to death pension benefits.

The Board has decided that there may be outstanding VA treatment records related to the Veteran's TDIU claim and requests for these records to be obtained. The decision is remanded due to incomplete information.

The Board has remanded the Veteran's claim of compensation benefits under 38 U.S.C. § 1151 disability of the right arm due to treatment by VA for additional development and consideration.

The Board has remanded the Veteran's claims for service connection for warts on his legs and a skin condition of his arms and legs, to include as secondary to exposure to herbicide agents. The VA is required to provide an opinion addressing whether these conditions are due to or aggravated by one of the Veteran’s service-connected disabilities.

The Veteran's nephew did not file a claim for accrued benefits within one year of the Veteran's death, and therefore is not eligible for such benefits.

The Board found that the adjustments to the Veteran's non-service-connected disability pension benefits were proper and resulted in a reduction of the overpayment, which the Veteran acknowledged he had already paid off.

The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of the Veteran's lower back injury, specifically whether it was incurred during active duty service or a period of ACDUTRA in April-May 2012. The decision also notes that there are no available service treatment records for this time frame.

The appellant is not recognized as the Veteran's surviving spouse for purposes of eligibility for VA death benefits because she was divorced from the Veteran at the time of his death.

The Board denied a request for an effective date prior to November 18, 2011 for the addition of dependents K.H. and K. to the Veteran's award of VA disability compensation, finding that no legal basis existed to grant such a request.

The Appellant's claim for accrued benefits was denied because it was filed more than one year after the Veteran's death, which is a requirement established by law.

The appeal was dismissed because the appellant died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits of this case.

The Veteran's service after September 10, 2011 is insufficient to qualify for Post-9/11 GI Bill education benefits.

The Veteran's appeal is remanded due to the need for an additional VA examination to determine the current severity of his service-connected unspecified insomnia disorder.

The Board has decided to remand the case due to a lack of an examination for service connection of abdominal aneurysm. The Veteran's STRs show complaints related to his current condition, and VA treatment records also indicate such symptoms.