Other conditions decisions — 2019

The Veteran's surviving spouse died in November 2012, and the Appellant filed a claim for accrued benefits more than one year after her death. The appeal is denied as the claim was not filed within the required time frame.

The Board has remanded the case due to issues with the development of evidence and the scheduling of a hearing. The claim for nonservice-connected pension will be readjudicated after these matters are resolved.

The Veteran's former spouse, the Appellant, is not recognized as his surviving spouse for VA benefits due to her divorce from him prior to his death.

The Board denied an apportionment of the Veteran's VA compensation benefits on behalf of his son, E.C., finding that granting such apportionment would cause undue financial hardship to the Veteran.

The Board has granted an effective date of April 1, 2015 for the award of DIC benefits to the appellant. The decision was based on the fact that the claim was received within one year of the initial report of death and VA should have informed her about the status of her claim.

The Board denied the Veteran's claim for service connection for a lung disorder as there is no current diagnosis of such a condition.

The Veteran's colorectal cancer was denied service connection due to lack of evidence linking the condition to his military service. The Veteran's essential tremor, characterized as moderate chorea, received an initial rating of 30 percent.

The Veteran's prescription drug dependence is granted as secondary to her service-connected right thumb injury. The initial disability rating for the residuals of her right thumb injury remains at 20 percent, and a separate issue regarding Bell's Palsy is remanded.

The Veteran's request for a waiver of overpayment was denied due to it being outside the 180-day deadline. The Board has decided that this request was timely and has ordered a remand to allow the Veteran to submit financial status reports and consider his claim on the merits.

The Veteran withdrew his claims of entitlement to a special home adaptation grant and an increased rating for optic neuritis, so the appeals are dismissed.

The Board has remanded the Veteran's claims for service connection due to lack of clarity in the medical records and need for further examination. The issues include loss of teeth, broken nose, injured upper lip, and gastrointestinal disability.

The Veteran's cause of death was listed as cardiopulmonary arrest due to brain astrocytoma. The Board denied service connection for the cause of death and denied DIC benefits under section 1318.

The Veteran's claim for service connection for loss of teeth, for compensation purposes is denied as there is no evidence of dental trauma resulting in a loss of the body of the maxilla or mandible.

The Veteran withdrew his appeal for a waiver of overpayment, so the case is dismissed.

The Veteran's squamous cell carcinoma of the base of tongue was not incurred or aggravated during service, and the Board denied service connection as there is no evidence linking it to his time at Camp Lejeune.

The veteran's service was not considered qualifying for Post-9/11 GI Bill education benefits due to the specific exclusion of NROTC program service and lack of other qualifying active duty service. The appeal is denied.

The Appellant is not eligible for death benefits as she does not meet the legal requirements to be considered a child of the Veteran.

The Board denied service connection for the cause of the Veteran's death in December 2010, and the appellant did not file a timely notice of disagreement or appeal. The appeal is dismissed as final.

The Veteran's income is above the Maximum Allowable Pension Rate (MAPR), even after deducting medical expenses, and thus he does not meet the criteria for a nonservice-connected pension.

The appellant is not entitled to a survivor's pension as her income exceeds the Maximum Allowable Pension Rate (MAPR).