Other conditions decisions — 2019

The Board denied the veteran's claim for veteran status, finding that she did not have service as a member of the Philippine Commonwealth Army or recognized guerrillas in the service of the United States Armed Forces. As a result, her claim for VA benefits was denied.

The Board has granted service connection for the Veteran's residuals of a right leg injury, finding that it is at least as likely as not related to his in-service injury.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The VA denied the veteran's claim for nonservice-connected pension benefits because there is no evidence of active military service.

The Board denied the appellant's claim for nonservice-connected death pension benefits because her income exceeded the maximum Annual Pension Rates, and thus she did not meet the eligibility requirements.

The claim of service connection for colon cancer and basal cell carcinoma is being remanded due to the need for additional development, including obtaining updated treatment records and providing VA opinions regarding the relationship between these conditions and military service.

The Veteran's pleural calcification, plaque and left pleural thickening are related to in-service asbestos exposure. Service connection is granted for these conditions.

The Veteran's service is not considered a period of war, and therefore does not meet the criteria for basic eligibility for nonservice-connected disability pension benefits.

The Veteran's skin disability was previously rated at 10% from February 2010 to September 4, 2014. The Board has decided that the current rating of 0% is not appropriate and remanded for further development.

The Board has granted service connection for actinic keratosis, finding that the Veteran's current condition is causally related to his in-service sun exposure.

The Veteran's claim for service connection for recurrent skin rash has been reopened. The Board denied a compensable rating for bilateral hearing loss and denied a rating in excess of 20 percent for duodenal ulcer, but granted TDIU beginning January 12, 2010.

The Veteran's appeal for additional Post-9/11 GI Bill education benefits for the term beginning July 2015 is denied as a matter of law due to the maximum amount payable for that academic year.

The Veteran's right flank pain and associated symptoms on April 17, 2016 were considered a medical emergency due to the severity of his condition. The nearest VA facility was not feasibly available during his emergency, and an attempt to use one beforehand would not have been reasonable by a prudent layperson.

The Board has remanded the case due to a lack of updated financial information, as it is crucial for determining whether recovery of the overpayment would be against equity and good conscience.

The Veteran's claims for earlier effective dates for the establishment of his dependent spouse and stepchild have been denied. The claim for a dependent spouse has been granted as of May 13, 2016, which is when VA received updated information about the marriage. The claim for a dependent stepchild was denied because her school attendance verification occurred after August 24, 2016.

The Veteran's claim for service connection for dental trauma was denied due to lack of new and material evidence. The Board also found that the Veteran is not seeking compensation, but rather treatment for his teeth. The case is remanded for further action regarding outpatient dental treatment.

The Board denied the Veteran's request for an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits beyond December 20, 2014 due to lack of legal basis.

The Board denied the appellant's claim for death pension benefits as she did not meet any of the statutory requirements to qualify as the Veteran's surviving spouse, including being married for at least one year prior to his death and having no children born during their marriage.

The Board has granted an effective date of June 11, 2012 for the addition of the Veteran's spouse as a dependent. The decision is based on evidence that the RO received notice of the marriage within a year of the event.

The Veteran's surviving spouse, B.M.J., passed away and the appellant filed a claim for accrued benefits. The RO initially denied her claim as she did not meet the requirements of a dependent child. However, after further review, the RO awarded $90.00 under § 3.551(i) which was pension benefits due to B.M.J., the Veteran's surviving spouse. The appellant now seeks reimbursement for more significant expenses incurred for her mother’s last illness and burial. The case is remanded for the appellant to provide evidence of any additional expenses she may have incurred.