Other conditions decisions — 2018

The Board denied service connection for the cause of death and DIC under 38 U.S.C. § 1151, finding that the Veteran's fatal cancer was not caused by VA care or treatment.

The Veteran's bladder condition is secondary to his service-connected prostate cancer, and he is now service connected for this condition. The Veteran's right eye vision loss is not related to his service or a service-connected disability.

The Veteran withdrew his appeals seeking service connection for compartment syndrome of both lower extremities and rhabdomyolysis during a hearing before the Board. The remaining issue, regarding skin rash, is being remanded for further development.

The Board denied the appellant's request for an effective date earlier than February 12, 2007, for award of DIC benefits. The claim was originally denied in July 1998 and October 2001, but reopened in September 2005 where it was again denied in January 2006. The appellant filed another reopening request in February 2007 which was granted.

The Veteran's service is not considered wartime service, thus he does not meet the eligibility requirements for non-service-connected pension benefits.

The Board denied the appellant's appeal as his substantive appeal was not timely filed in response to the April 2013 statement of the case due to non-compliance with the time limits set by VA regulations.

The Veteran's mood disorder, NOS, has been granted service connection and currently rated at 70 percent. The appeal is denied as the symptoms do not warrant a higher rating.

The appellant's death pension benefits were granted for the month of April 2014, but denied from May 1, 2014 due to excessive income.

The Veteran's appeal for special monthly compensation (SMC) based on aid and attendance / housebound has been dismissed due to the death of the Appellant.

The Veteran's temporomandibular joint syndrome was granted a 20 percent evaluation for the entire period on appeal prior to November 4, 2014.

The Board found that the Veteran was not entitled to higher educational assistance benefits at any point during the relevant time period, as his initial four years of active duty service were obligated for ROTC and thus excluded from qualifying active duty. The Veteran's claim is denied.

The Court found that the record did not contain sufficient evidence to support a conclusion that the Veteran personally participated in a scheme to defraud the Government while attending an educational program at Ramon Magsaysay Technological University (RMTU). As a result, the Board's decision was reversed and the overpayment of VA educational assistance benefits in the amount of $31,340.10 is invalid.

The Veteran's claims for service connection, initial rating, and TDIU are being remanded due to the need for additional development of her medical records and examination.

The Board has decided to remand the case for further clarification from a private physician regarding the nature and etiology of the Veteran's atrial septal defect (ASD).

The Board has dismissed the appeal due to the death of the appellant, as it does not have jurisdiction to adjudicate the merits of this case.

The Board denied higher ratings for postoperative residuals of a right inguinal hernia and ilioinguinal nerve entrapment, finding that the evidence did not support a rating in excess of 10 percent. The service connection claim for left side inguinal hernia was referred to the AOJ.

The Board has determined that the Veteran's pre-existing right leg disability did not increase in severity during service and is therefore not considered aggravated by service. As a result, the claim for service connection for a right leg disability is denied.

The Board denied the Veteran's claim of service connection for a left hip disorder, finding that there was no evidence to support the claim and concluding that the condition did not have its onset in service or as secondary to his service-connected disabilities.

The Board found that the Veteran's death was not caused by VA treatment and denied both DIC and SMC claims.

The Board granted a higher initial disability rating of 10 percent for epididymitis from November 24, 2000. The Veteran's former attorney is entitled to 20% of the past-due benefits awarded based on this decision.