Other conditions decisions — 2019

The Board is unable to determine if the Veteran's discharge was due to a service-connected disability, and thus remands for further action.

The Veteran's claims for an earlier effective date for service connection of hammer toes and callosities, left foot and right foot are denied as the claim was not pending prior to February 27, 2006.

The Board denied retroactive payment of Dependents' Educational Assistance (DEA) benefits under Chapter 35 prior to December 8, 2013 due to the Appellant's application being received more than a year after her eligibility for DEA benefits was established.

The Veteran's accrued benefits claim was denied as the appellant did not provide evidence of a prior claim for earlier effective dates, and the amount paid in accrued benefits ($3,516) is sufficient to cover expenses incurred.

The Board has granted an effective date of March 1, 1996 for the grant of service connection for the cause of the Veteran's death. The decision is based on a claim filed by the appellant with Social Security Administration (SSA) in March 1996.

The appeal to retroactively terminate the apportionment of the Veteran's VA disability compensation benefits awarded to the Appellant on behalf of their daughter is denied due to shared physical custody.

The Board denied the Veteran's claim for an effective date prior to April 28, 2011 for the award of Total Disability based on Individual Unemployability (TDIU). The decision states that there was no formal or informal claim seeking TDIU during the period between the April 21, 2011 Board decision and April 28, 2011. There was also no factually ascertainable increase in disabilities.

The Board found that the Veteran's current neck disorder is at least as likely as not related to her in-service motor vehicle accident, and granted service connection for a neck disorder.

The Veteran's stepchildren, A.D., K.D., B.C.P., and J.D.L.S., were no longer members of the Veteran’s household at the time of the Appellant's April 2016 apportionment claim. Therefore, their apportionment is denied.

The Veteran's radiation proctitis is currently rated as non-compensable under Diagnostic Code 7319. The Board finds the current rating does not adequately reflect his symptoms and remands for a new examination to determine an appropriate disability rating.

The Board found that the termination and reduction of the Veteran's special monthly pension was proper due to his household income exceeding the maximum annual pension rate (MAPR) since July 2011, and he did not provide sufficient information regarding his spouse’s net worth prior to this period.

The Board has remanded the case due to a disagreement with their May 2017 decision regarding service connection for hiatal hernia as secondary to service-connected duodenal ulcer. The Court found that the Board's conclusion was clearly erroneous and instructed the Board to obtain an addendum opinion from an appropriate clinician.

The appellant's application for a waiver of recovery of an overpayment was denied because it was not filed within the required 180-day period following notification of the indebtedness.

The Board has decided to remand the Veteran's claim for service connection for a heart disability, including mitral valve prolapse. Additional development is needed before the case can be adjudicated on the merits.

The Veteran's death was not recognized as a surviving spouse for VA benefits due to the marriage lasting less than one year prior to his death and no child born of their union.

The Veteran's claim for higher monthly pension benefits was denied. The Board found that the Veteran's income did not exceed the maximum annual pension rate, and thus he is not entitled to a higher monthly total for his nonservice-connected disability pension. The issue of need for aid and attendance or housebound status was also remanded due to insufficient evidence in the record.

The case is being remanded due to the need for authorization and independent request of the appellant's complete Shriner’s Hospital records from October 1980, which may contain a diagnosis of spina bifida. The meningocele definition referenced by the appellant's representative at the hearing needs to be obtained.

The Veteran's claims for reinstatement of nonservice-connected pension and special monthly pension based on the need for regular aid and attendance were denied due to excessive income and lack of factual need for regular aid and attendance, respectively.

The Board has determined that the Appellant does not have proper legal standing to be recognized as the Veteran's surviving spouse for VA purposes due to a lack of credible evidence showing their marriage status. The case is being remanded to determine whether the Veteran and the Appellant were divorced at the time of his death.

The appellant's claim for accrued benefits was denied as he did not meet the eligibility requirements and insufficient information regarding burial expenses was provided.