Other conditions decisions — 2019

The Veteran's death benefits claim was denied as the appellant did not file her claim within one year of his death, and she does not meet all eligibility criteria for an accrued benefits claimant.

The Veteran's claim for service connection for dental issues, including broken front teeth and gum damage, is being remanded due to the addition of VA treatment records that need to be considered by the AOJ.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to missing medical evidence from his VA treatment records, specifically the results of a January 6, 2015 doppler study.

The Veteran's claim for service connection for a neurological or other disorder, claimed as nerve damage to legs, feet & hands, is remanded due to the need for additional examination and opinion regarding his current symptoms and their relation to service.

The VA awarded $1,822 in nonservice-connected burial benefits to the funeral home for the Veteran's funeral and burial. The appellant disagrees with the amount but is not a proper claimant for these benefits.

The Veteran's appeals for increased ratings for right and left foot cold injury residuals were denied as the evidence did not meet the criteria for a higher evaluation under Diagnostic Code 7122.

The Veteran's appeal for service connection of myelodysplastic syndrome has been dismissed due to the death of the Veteran.

The Board found that the RO properly terminated the Veteran's pension benefits and switched him to compensation, effective December 1, 2012, as his service-connected benefit was the greater benefit.

The Board has remanded the case due to insufficient examination reports regarding the severity of the Veteran's right leg and nose disorders, specifically addressing functional loss during flare-ups and testing for pain in both active and passive motion.

The Board is remanding the case to determine the correct amount of Chapter 33 (Post-9/10 GI Bill) education benefits used by the Veteran, as he contends that VA did not properly calculate how these benefits were used.

The Board denied an apportionment of the Veteran's VA compensation benefits to his estranged spouse due to her not demonstrating that the Veteran is not reasonably discharging his responsibility for her support and because she did not demonstrate financial hardship.

The case is remanded to obtain the Appellant's private treatment records and to determine if he has a disorder that is a form or manifestation of spina bifida, other than spina bifida occulta.

The appellant is not recognized as the Veteran's surviving spouse, and therefore, does not meet the criteria for entitlement to DIC, death pension, and accrued benefits.

The Board has granted the Veteran's request for an effective date of May 1, 2006, for adding his spouse B.A.M. as a dependent and found that the overpayment of additional compensation benefits for the period from June 1, 2004 to April 30, 2006 is valid.

The Board has granted payment or reimbursement of unauthorized medical expenses for the dates of October 9th and 10th, 2010 due to timely filing despite a late submission.

The Veteran's claims for service connection for left and right foot disorders other than pes planus are being remanded due to the need for additional medical examination and records.

The Board found that the appellant's discharge was due to willful and persistent misconduct, which is a bar to VA pension benefits.

The Board denied the Veteran's claim for service connection for residuals of a pelvic injury, finding that there is no medical evidence to support the Veteran’s contention and noting that his in-service injury resolved itself with no residuals reported at discharge.

The Board denied service connection for glioblastoma, as the evidence did not establish a link to herbicide exposure during service. The Veteran's glioblastoma was found less likely caused by Agent Orange exposure.

The Board found that the appellant's income from Social Security Administration (SSA) benefits exceeded the maximum annual pension rate for a surviving spouse without dependents, leading to termination of her VA death pension benefits. The Board excluded her VA pension benefits and correctly applied the relevant regulations.