Other conditions decisions — 2019

The Veteran's service was limited to active duty for training, and he did not complete his initial active duty training. Therefore, the Board denied entitlement to educational benefits under Chapter 33 of the United States Code.

The Board denied the claim for an effective date prior to July 1, 2010, for the award of nonservice-connected death pension benefits with aid and attendance.

The Veteran withdrew his appeal of the denial of TDIU, so the case is dismissed.

The Board has determined that the Veteran's irrevocable trust should be included in his net worth for purposes of determining eligibility for improved-pension purposes. As a result, he is not eligible for non-service connected pension benefits prior to October 18, 2018. The claim for non-service connected pension benefits since October 18, 2018 is remanded due to recent amendments in the regulations.

The Board found that the appellant's income and net worth are sufficient to sustain her beyond her actuarial life expectancy, thus denying her death pension with aid and attendance.

The appeal is remanded due to the need for further development regarding the appellant's current income and expenses.

The Veteran's claim for an initial compensable rating for the right fourth finger was denied as he is already in receipt of the maximum schedular rating for limitation of motion of the right fourth finger.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct involving offenses of moral turpitude, resulting in an undesirable discharge. As a result, his character of discharge is considered dishonorable, which bars him from receiving VA benefits.

The Veteran's widow is not eligible for VA death pension benefits due to her income exceeding the maximum annual pension rate.

The Board denied service connection for a right elbow condition due to lack of evidence. The issues of service connection for left elbow and left index and little finger numbness and tingling are remanded.

The Veteran died of pneumonia, which developed independently of service and unrelated to any service-connected condition. The Board found no evidence linking the Veteran's death to his military service.

The Board has reopened the claim for service connection for right hip strain as secondary to service-connected right ankle sprain due to new and material evidence. However, an addendum opinion is needed from a VA examiner to address whether it is at least as likely as not that the Veteran's right hip strain was proximately due to or aggravated by his service connected right ankle strain.

The Board has reopened the claim for service connection for an eye disorder due to new and material evidence. However, the case is remanded as additional medical opinions are needed regarding the relationship between the Veteran's current eye conditions and his in-service flash burns.

The Board granted death pension benefits with aid and attendance from July 25, 2014, finding that the Veteran's spouse had a net worth below $80,000 due to high medical expenses.

The Veteran's claim for nonservice-connected pension was denied as he is not permanently and totally disabled from nonservice-connected disabilities.

The Board denied service-connected burial benefits because the Veteran's cause of death was not found to be service-connected, and no exception to finality applies.

The Board has restored a 10 percent rating for the Veteran's service-connected residuals, amputation of soft tissue tip of left index finger due to improper reduction in rating.

The Board has decided to remand the case due to uncertainty about whether the Veteran was a prisoner of war during World War II, which is necessary for determining if his cause of death is service-connected.

The Board has determined that the AOJ did not properly consider the provisions of VA regulations regarding apportionment and remanded for further action.

The Board previously denied service connection for the cause of the Veteran’s death due to herbicide exposure. The case is being remanded for a new medical opinion on whether the cancer was at least as likely as not due to in-service herbicide exposure.