Other conditions decisions — 2019

The Veteran's eligibility to transfer educational benefits under the Post-9/11 GI Bill was denied because he did not complete his obligated service contract, and VA could not verify his retirement date. The appellant is therefore not eligible for a transfer of education benefits.

The Veteran's surviving spouse had income exceeding the statutory limit for death pension benefits, so she is not legally entitled to these benefits. As a result, there are no due and unpaid benefits to which the appellant can be awarded.

The Board has remanded the case due to the failure of the RO to issue a Statement of the Case (SOC) regarding the effective date for service connection of paralysis of the right ring finger.

The Board has remanded the case due to incomplete development and procedural issues, including the need for a statement of the case (SOC) on the initial evaluation and effective date for post-concussion syndrome. The TDIU claim is also inextricably intertwined with these issues.

The Board has determined that the overpayment of Chapter 33 (Post-9/11 GI Bill) education assistance was valid and must be recovered. However, the issue of whether a waiver of recovery is warranted has not been addressed due to inconsistencies in the appeal process.

The Board has dismissed all claims due to the Veteran's death, as they have no jurisdiction to adjudicate the merits of these appeals.

The Veteran's claim for nonservice-connected pension benefits, including special monthly pension for aid and attendance is denied due to his net worth exceeding the threshold amount that would allow him to receive these benefits without VA assistance.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's chronic sinus disorder. A new VA examination is needed to determine if her current condition is related to her service.

The Board has remanded the case due to insufficient service records and verification of duty status during the claimed period.

The Board has determined that the VA examiner's opinion is inadequate and requires a supplemental opinion to address whether the Veteran’s interstitial cystitis is related to her service-connected chronic fatigue syndrome.

The Veteran died from congestive heart failure and ischemic cardiomyopathy, which were not service-connected. Therefore, the claim for VA burial benefits is denied.

The Board denied the Veteran's claim of service connection for residuals of cold injury, both feet as there is no evidence showing a current disability related to an in-service injury or event. The preponderance of the evidence supports the conclusion that the Veteran's degenerative arthritis of the right and left feet did not begin during service.

The Board has determined that the Veteran's death was caused by his service-connected leukemia, which is presumed to be due to herbicide exposure during service. Therefore, the claim for service connection for the cause of the Veteran’s death is granted.

The Veteran's son is denied additional accrued benefits as he did not qualify as a child for purposes of the statute and there was no evidence that he paid last sickness expenses.

The Board denied the claims for service connection for cause of the Veteran’s death and entitlement to accrued benefits due to lack of new and material evidence, and because the Veteran did not have qualifying service for nonservice-connected pension benefits.

The Board denied the Appellant's claim that a lump sum payment from her late husband's IRA should be considered income for VA pension purposes, finding it was properly counted as income.

The Veteran's son, M.Y., was not shown to suffer from spina bifida. The claim for benefits under the provisions of 38 U.S.C. § 1805 and 38 C.F.R. § 3.814 for disability due to spina bifida is denied.

The Board has remanded the case due to the need for an independent medical expert opinion regarding whether VA care resulted in additional disability, and if so, whether it was due to negligence or lack of proper skill.

The Board has granted a 50 percent apportionment of the Veteran's monthly VA disability compensation payment to the Appellant, who faces significant financial hardship due to her spouse's failure to pay court-ordered spousal maintenance.

The Veteran's death was caused by left ventricular failure, respiratory failure, metastatic disease, and liver cancer. The VA medical expert concluded that the cause of death is more likely due to advanced liver cancer rather than ischemic heart disease (IHD). As a result, service connection for the cause of the Veteran’s death cannot be established.