Other conditions decisions — 2019

The Veteran's claim for an earlier effective date for additional compensation benefits for his spouse is denied because the earliest notification of his marriage was received more than a year after the event.

The Board has remanded the case due to inadequate medical opinions regarding the relationship between the Veteran's current nasal conditions and her in-service rhinoplasty.

The Veteran's claim for service connection for loss of feeling in left hand little finger and ring finger is being remanded due to the need for additional development, including a VA examination. The Veteran also seeks compensation under 38 U.S.C. § 1151 for an additional disability as a result of his June 2007 surgery.

The Board has found that no new and material evidence is necessary to reopen the claim, but it is still being remanded for further adjudication.

The Board has determined that the Veteran's current right foot and toe condition, including numbness, tingling, pain, and compensatory pressure on her ankle, is related to her in-service cold weather injuries. As such, service connection for residuals of cold weather injuries of the right foot and toes is granted.

The Veteran's ratings for right and left thigh disabilities (extension and flexion) were restored to their previous levels, while the rating for left hip strain was upheld. The reduction in ratings for these conditions is considered proper.

The Veteran's death was not service connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits. The appeal is denied as there are no legal grounds to award burial benefits.

The Board has not yet made a decision on the TDIU claim and needs to obtain additional treatment records before doing so.

The Veteran's claim for service connection for status post fractured nose with residuals of clogged nasal passage is remanded due to the need for additional record development and a VA examination.

The Veteran's claim for service connection for a right lower lobe lung resection was denied in May 2007. He did not appeal this decision or submit new and material evidence within the following year, nor did he file a petition to reopen his claim until February 6, 2013. The RO granted service connection on March 2015 with an effective date of February 2, 2015, which was later changed to February 6, 2013 due to CUE in the original decision.

The Veteran's appeal was dismissed due to their death, and the case is now closed.

The Veteran's daughters, A.N.I. and A.R.I., were denied recognition as his dependent children for VA purposes due to their ages at the time of the initial award of disability compensation.

The Veteran's income exceeds the maximum annual pension rate, so he is not eligible for pension benefits.

The appeal seeking revision of the June 2007 RO decision denying service connection for cold injury residuals of each extremity is dismissed.,The issue of entitlement to a disability rating in excess 30 percent for PTSD is remanded.,The petition to reopen claims of entitlement to service connection for cold injury residuals of each upper and lower extremity are remanded.,The petitions to revise prior denials on the basis of CUE regarding cold injury residuals of each extremity are dismissed by the Board at this time.,A statement of the case is required for the issues of reopening claims of entitlement to service connection for cold injury residuals of each upper and lower extremities.

The Veteran's death was due to a service-connected cause, but the appellant did not meet eligibility criteria for Chapter 35 education benefits as he had already passed his 26th birthday and the benefits were only available retroactively.

The Board denied the Veteran's appeal as the debt in the amount of $305.56 for books and $985.60 for housing was properly created, and therefore is valid.

The Board has decided to remand two issues for further development: the first is related to service connection for a respiratory disorder due to asbestos exposure, and the second is related to an increased evaluation for right great toe arthritis. The Veteran's claims are being returned to VA for additional examinations and evaluations.

The Board finds that the creation of an overpayment of Chapter 33 (Post-9/11 GI Bill) housing allowance benefits in the calculated amount of $16,136.68 was valid and therefore denies the benefit sought.

The Veteran's child is seeking to transfer his Post 9/11 GI Bill (Chapter 33) education benefits, but the appeal is remanded due to missing documents and unclear eligibility determination.

The Board has granted the reopening of the previously denied claim for service connection for ocular histoplasmosis and has determined that the appellant was disabled by a disease incurred in line of duty during his period of ACDUTRA, thus granting service connection.