Other conditions decisions — 2019

The Veteran's appeal is denied as he has utilized educational assistance under two or more benefits programs beyond the 48-month limit.

The Board denied the claim of service connection for a left eye cataract, finding that there is no medical evidence linking the condition to military service.

The Board denied the Veteran's claim for service connection of a right thigh disability, finding that there was no evidence to support a link between his current condition and his military service.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that there was no valid common law marriage between them under Pennsylvania law. The appellant had a prior legal marriage to her first husband which she did not end until shortly before the Veteran's death.

The Veteran's initial evaluation for labyrinthitis has been increased to 30 percent, effective February 1, 2016.

The Board dismissed the claim as a matter of law because the grant of accrued benefits in the amount of $1,504.00 represents a full grant of the benefit sought on appeal.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for burial benefits as her claim was filed within two years of the Veteran’s cremation. The appeal is denied.

The Veteran's son is not entitled to transferred Post-9/11 GI Bill education benefits because the Veteran has already used up his available entitlement under this program.

The Board has remanded the case for a new VA medical opinion to address whether the Veteran's obesity during service is related to his later-developed pancreatic cancer, which may be a cause of death.

The Board has remanded the case due to a need for a VA examination regarding the Veteran's heart condition, including atrial fibrillation. The examiner is asked to determine if the current heart conditions are related to service and/or herbicide exposure.

The Board has determined that there is clear and convincing evidence of a common law marriage between the Veteran and the Appellant, allowing for recognition as the surviving spouse for VA benefits purposes.

The Veteran's spouse was denied DEA benefits under Chapter 35, Title 38, United States Code due to missing the deadline for obtaining the benefits and not being prevented from initiating or completing a chosen program of education within the eligibility period.

The Board has decided to remand the case due to outstanding treatment records and a need for a VA examination to assess the current severity of the Veteran's right eye disability, including any disfigurement or additional symptoms.

The Veteran's request for a waiver of overpayment of VA non-service connected pension benefits was timely filed. The case is being remanded to the Committee on Waivers and Compromises for further review.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for chronic pancreatitis secondary to Depakote prescribed for a nonservice connected psychiatric disorder was denied as the effective date cannot be earlier than December 19, 1997.

The Veteran's initial claim for a higher rating for her right upper extremity disability was granted, with the effective date being January 1, 2000. The rating of 40% from March 25, 2008 to May 17, 2016 and 20% from May 17, 2016 to December 13, 2016 were also granted.

The Veteran's appeal to dismiss the denial of an apportionment of VA disability compensation benefits withheld during his incarceration is dismissed because he did not have a personal stake in the outcome and lacked standing.

The Veteran's ulcerative proctitis was found to have its onset in service, and the Board granted service connection for this condition.

The Veteran's claim for service connection for bilateral shin splints is being remanded due to the absence of relevant VA treatment records from 2014 to present from the Fresno VA Medical Center.

The Board has remanded the case due to insufficient examination regarding the etiology of the Veteran's bilateral hip disorders, specifically whether they are caused or aggravated by her service-connected bilateral knee disabilities.