Other conditions decisions — 2019

The Board has restored the award of dependency and indemnity compensation benefits based upon service connection for the cause of the Veteran’s death. The issue of entitlement to an earlier effective date for DIC is remanded.

The Veteran's annual income exceeds the maximum annual pension rate, thus denying his claim for nonservice-connected pension.

The Veteran's vocational goal is not considered reasonably feasible due to his current incarceration, and the appeal for Vocational Rehabilitation and Employment Services has been denied.

The Board denied the appellant's claim for a nonservice-connected death pension due to her net worth exceeding the required limits, despite her age and expenses. The corpus of her estate (held in an irrevocable trust) is considered part of her net worth.

The Veteran's irrevocable election for Post-9/11 GI Bill education benefits in lieu of MGIB benefits is upheld, denying the request to rescind this election.

The claim to reopen the service connection for the cause of death is granted. The appeal regarding the merits of the service connection for the cause of death is remanded.

The Board has remanded the case due to inadequate medical opinions and the need for additional VA treatment records. The Veteran's bilateral foot and heel disability is being reviewed again.

The Veteran's daughter is not eligible for compensation under 38 U.S.C. § 1151 due to the injury she incurred at Naval Hospital Camp Pendleton, as VA regulations do not allow for such benefits.

The Board denied the Appellant's claim that his character of discharge is a bar to VA benefits due to a continuous period of AWOL for over 180 days. The upgraded discharge did not set aside the bar to benefits.

The Veteran's claim for an initial rating in excess of 10 percent for retropharyngeal abscess with residuals (now claimed as laryngitis, voice loss, and throat condition) is being remanded due to a pre-decisional duty to assist error.

The Veteran's pension benefits are apportioned to his children due to the Veteran not reasonably discharging his responsibility for support, resulting in an apportionment of 20% of the Veteran’s VA nonservice-connected pension benefits.

The Board has determined that an apportionment of the Veteran's VA disability compensation benefits should be remanded due to inconsistencies in financial information provided by the Appellant and a reduction in the Veteran's VA disability compensation benefits due to incarceration.

The Veteran's widow is seeking to be added as his dependent and to substitute for him in service connection claims. The case is being remanded for further review.

The Board has reopened the claim of service connection for the cause of the Veteran's death due to new and material evidence. However, the case is remanded as the VA examiner is needed to determine if the Veteran’s brain tumor was related to his in-service exposure to Agent Orange.

The Veteran's rectal cancer was denied service connection as it is not a presumptive condition and there is no direct evidence linking the condition to his military service, including exposure to contaminated water at Camp Lejeune.

The Board has determined that additional action is necessary to determine if the Veteran was exposed to ionizing radiation during service, which could potentially grant service connection for multiple myeloma. The case is therefore being remanded.

The Veteran's respiratory condition has worsened since his last examination, and a new VA examination is needed to determine the current severity of his service-connected disability.

The appellant withdrew their appeal, thus the case is dismissed.

The Board has remanded the case due to insufficient evidence regarding the Veteran's pulmonary disorder, including his claimed asbestos exposure and pre-existing condition. Further development is needed.

The appellant was not married to the Veteran for one year or more prior to his death, and therefore does not meet the criteria for an award of DIC benefits.