Other conditions decisions — 2019

The Board denied the petitions to reopen claims for service connection for the cause of the appellant's husband’s death and for nonservice connected death pension due to lack of new and material evidence.

The Board denied the Veteran's claim for service connection for a lung disorder, finding that there was no evidence of chronic disability resulting from in-service bronchitis and concluding that the current lung disorder is not causally related to active service.

The Board has decided that the service connection for residuals of an ameloblastoma, to include as secondary to herbicide exposure, needs further investigation and a medical opinion.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of any diagnosed cardiac disorder, including whether it is related to service or caused by PTSD.

The case is being remanded because the full report of the Veteran's January 2004 gallbladder surgery was not uploaded to the digital claims file, and there are concerns about the way the file was reviewed. The AOJ must ensure that the entire report is added to the digital file and send the claims file for a comprehensive review by a physician.

The Board has remanded the case due to a need for additional information from Social Security Administration regarding the Veteran's disability benefits application.

The Veteran's request to extend the delimiting date for education benefits under Chapter 30 was denied as his application was received over three years after the original delimiting date and did not meet the requirement of physical or mental disability preventing initiation or completion of an educational program.

The Veteran's National Guard service after September 2001 was not considered qualifying active duty for Post-9/11 GI Bill educational benefits because it did not meet the criteria of responding to a national emergency declared by the President or being paid for by Federal funds. The Board denied his claim.

The appeal has been dismissed due to the Veteran's death, and no service connection issues are being decided.

The Veteran's service-connected cholinergic urticaria is rated at 10 percent, and the Board found no evidence of more than this level of disability.

The Board has granted service connection for polymorphous adenocarcinoma of the right palate due to herbicide exposure during active duty. The appeal regarding basal cell cancer was withdrawn at a hearing.

The Board dismissed the appeal because the Veteran was granted equitable relief from the debt owed due to overpayment of VA disability benefits, making the issue moot.

The Board has decided that an addendum opinion is needed to determine the etiology of the appellant's convergence insufficiency and hypertropia causing double vision, which may be related to his in-service injury. The case will be remanded for this purpose.

The reduction of nonservice-connected pension benefits was proper due to the receipt of SSA disability benefits, which offset the amount of pension the Veteran was entitled to receive.

The Board denied the Veteran's claim for nonservice-connected pension benefits due to his net worth exceeding the threshold, despite the Family Trust designed to support his maintenance.

The Veteran's death did not result in any pending claims or unpaid accrued benefits, and the appellant is not entitled to reimbursement for caregiver expenses as she is not the surviving spouse.

The Veteran's death was due to his service-connected myelodysplastic syndrome, which is granted for DIC benefits.

The Board has ordered the claims remanded for additional development due to outstanding VA treatment records and inadequate examinations. The Veteran's bilateral foot disorder and lower-gastrointestinal (GI) disorder will be evaluated based on their direct relationship to service or a service-connected disability, with consideration of psychiatric medication in the case of the GI disorder.

The Board denied the appellant's claim for Post-9/11 GI Bill educational assistance benefits as his service at the USAFAPS did not qualify him for such benefits.

The Board denied the Veteran's claim for service connection for a left ring finger disability as there is no current diagnosis of such condition and the evidence does not support a finding that it was incurred or aggravated by service.