Other conditions decisions — 2019

The Veteran's spouse is seeking an earlier effective date for death pension benefits, but the claim was not submitted using the correct form. The appropriate effective date is October 28, 2016.

The veteran's child is not recognized as a surviving child for purposes of receiving VA benefits, including DIC, death pension, and accrued benefits.

The appeal was dismissed because the appellant died during the pendency of the appeal and therefore, the Board has no jurisdiction to adjudicate the merits of this case.

The Veteran's service qualifies for educational assistance at a 100% rate under the Post-9/11 GI Bill due to his qualifying active duty service.

The appeal for TDIU benefits prior to March 24, 1956 has been dismissed due to the Veteran's death.

The Board denied the Veteran's claim for waiver of overpayment, finding that the creation of the debt was valid and that the Veteran was solely at fault in its creation. The decision also noted that repayment would cause undue financial hardship.

The Veteran's surviving spouse is denied VA benefits because the Appellant remarried after his death, and no exceptions to this rule apply.

The Veteran died of gastric cancer, which is not service-connected and not presumed to be related to herbicide exposure. The claim for service connection for the cause of death was denied as there was no evidence linking the Veteran's death to his military service or any service-connected conditions.

The Veteran's appeal was dismissed due to his death, and no compensation under 38 U.S.C. 1151 for the delayed treatment of hyperbaric oxygen is granted.

The Veteran's left and right hand disabilities are granted as service connected. The conditions are related to his active duty service.

The Board has determined that the Veteran's right big toe condition did not begin during service and is not related to any in-service injury or disease. The preponderance of evidence does not support a finding that his current condition is linked to active duty.

The Veteran's cause of death was service-connected, but the appellant is not considered his surviving spouse for VA benefits purposes due to her short marriage duration and lack of a child.

The Board has remanded the case due to incomplete development regarding the Veteran's exposure to ionizing radiation and asbestos, as well as a need for an opinion on whether his cause of death was related to service.

The appeal for pension benefits is dismissed due to the claimant's death.

The Veteran's service is not considered wartime service, thus he does not meet the eligibility requirements for a nonservice-connected pension.

The Veteran's child filed a claim for accrued benefits over one year after the Veteran's death, which is not timely. The appeal is denied.

The Board has remanded the case due to insufficient examination and incomplete medical records. The Veteran's claim for service connection for colon cancer is being reviewed again as new evidence was submitted, but no specific rating or effective date has been assigned yet.

The Veteran's claims for earlier effective dates for service connection of right femoral fracture with heterotropic calcification and limitation of adduction, extension, and flexion are remanded due to the need for additional development.,The Veteran is entitled to an initial compensable evaluation prior to May 16, 2013, for right femoral fracture with heterotropic calcification and limitation of adduction.

The Board dismissed the appeal regarding the character of the Veteran’s discharge for the period from October 1978 to June 1982 due to the appellant's withdrawal.

The Board dismissed the appeal as there is no case or controversy affecting the provision of benefits by VA over which the Board may exercise jurisdiction.