Other conditions decisions — 2019

The appeal of whether new and material evidence has been received sufficient to reopen the claim for accrued benefits is dismissed due to the death of the appellant.

The Veteran's household income, including unreimbursed medical expenses, exceeds the maximum annual pension rate (MAPR) for a Veteran in need of aid and attendance with one dependent. Therefore, the claim for nonservice-connected pension is denied.

The veteran's surviving child is not eligible for survivor pension benefits due to the child's income exceeding the maximum annual pension rate.

The Veteran's service-connected bilateral cataracts with post-operative pseudophakia and dry eye syndrome are being remanded for a new examination to assess the current severity of her condition, as she claims her symptoms have worsened since her last examinations.

The Veteran's claim for service connection for sterility, to include low sperm count or weak sperm, as due to exposure to radiation in service is denied. The Board found that the condition does not constitute a disability for which VA compensation benefits are payable.

The Board denied the Veteran's claim for service connection for a right index finger disability, finding no current diagnosis of such a condition and thus concluding that there is not sufficient evidence to establish service connection.

The Veteran's surviving spouse died in October 2013, and the Appellant filed a claim for accrued benefits. The Board denied the claim as the Appellant is not eligible to receive the benefits due to his age and status as an executor of the estate.

The Veteran's death was not due to a service-connected disability, and the Board denied both the claim for service connection for the cause of death and DIC benefits.

The Board denied the Veteran's claim for service connection for residuals of an aneurysm or stroke, including loss of vision, finding that there is no nexus between his current condition and his military service.

The Board has ordered the VA to obtain additional VA progress notes from May 11, 2007 to September 5, 2007 that relate to the Veteran and his care at Mount Sinai Medical Center. The case will be readjudicated after these records are obtained.

The Veteran's claim for Post-9/11 GI Bill education benefits for Correctional Officer on-the-job training from February 8, 2016 to February 7, 2017, at the Federal Correctional Complex-Coleman was denied because he is already qualified by training and experience to be a correctional officer.

The Veteran's claim for reimbursement of private medical expenses incurred at Tallahassee Memorial Hospital on September 3-5, 2014, is granted due to the nature and circumstances of his treatment.

The Veteran's aortic valvular stenosis and left ventricular hypertrophy were found to have been present during service, meeting the criteria for direct service connection.

The Board has determined that the issue of whether new and material evidence had been submitted to reopen a previously denied claim of entitlement to recognition as the Veteran's surviving spouse must be considered on a de novo basis due to the RO's failure to respond to the July 2015 notice of disagreement. The matter is therefore REMANDED for further action.

The Veteran's eligibility for Post 9/11 GI Bill education benefits was denied because she had only one period of active duty after August 1, 2011 and chose to receive Chapter 30 educational benefits instead.

The Veteran's appeal seeking service connection for a tooth extraction was dismissed due to the death of the Veteran.

The Board has remanded the Veteran's claims for service connection for a deviated nasal septum and sinus disorder due to potential aggravation of pre-existing conditions during military service.

The Veteran's claim for a schedular rating in excess of 70 percent for borderline personality disorder and other specified trauma-and-stressor-related disorder was denied. However, the Veteran was granted a TDIU due to service-connected borderline personality disorder and other specified trauma-and-stressor related disorder.

The Veteran's son is not eligible for nonservice-connected death pension benefits as a surviving child due to excessive income.

The Board found that the overpayment debt of 56,332.29 dollars was not properly created and dismissed the appeal as moot.