Other conditions decisions — 2019

The Board denied the veteran's claim for non-service connected death pension benefits and dependency and indemnity compensation based on service connection for the cause of his death, as well as accrued benefits. The decedent did not serve in active military service and thus was not considered a veteran for these purposes.

The Board denied the appellant's claim to an earlier effective date for death pension and aid and attendance benefits, finding that the May 2014 rating decision had already become final.

The Board has determined that the Veteran's surviving spouse submitted an informal claim for death pension benefits with aid and attendance on or about January 14, 2015. As a result, the effective date of the award is set at January 14, 2015.

The Board has remanded the claims for service connection for leukemia, DIC based on cause of death, DIC under section 1318, and death pension due to incomplete records and need for additional medical opinions.

The Board denied the Veteran's claims for service connection for fatigue and bilateral upper extremity radiculopathy, finding that there was no evidence linking these conditions to his active duty service or any service-connected disability.

The Board has remanded the case for further development and adjudication of the issues on appeal, including whether the appellant's spouse’s character of discharge is a bar to VA benefits and service connection for cause of death.

The Veteran's death was not due to a service-connected disability, and the Board denied entitlement to service connection for cause of death.

The Board has remanded the case due to insufficient development of records and for issuance of a supplemental statement of the case.

The Board has remanded the case due to insufficient medical opinion regarding the cause of the Veteran's death.

The Veteran's spouse did not meet the criteria for recognition as a surviving spouse of the Veteran for entitlement to death pension benefits due to her remarriage after November 1, 1990.

The Board has decided to remand the case due to a dispute on whether the overpayment debt was properly created, including the amount of the debt. The appeal will be reconsidered after this issue is resolved.

The appellant's remarriage after her husband's death in 1964 was not terminated until November 2011, and she does not meet the criteria for nonservice-connected death pension benefits as per VA regulations.

The Veteran's claims for increased ratings for his right hip strain and deep laceration, left groin and penis with limited left hip abduction were denied. The claim for TDIU was granted effective January 7, 2010.

The appellant does not meet the threshold service requirement for eligibility to nonservice-connected pension benefits due to a lack of qualifying active military, naval, or air service.

The claim for service connection for narcolepsy is remanded due to new evidence received since the February 2008 rating decision. The Veteran's claim for TDIU is also remanded as it is inextricably intertwined with the service connection claim.

The Veteran's daughter, A.M., was found to be permanently incapable of self-support prior to the age of 18 due to her disabilities.

The Veteran's shin splints of the right and left lower extremities are currently rated at 10 percent each, but higher ratings are denied.,The Veteran's service-connected alcohol abuse and drug abuse are not found to be secondary to his shin splints.

The Board denied service connection for varicose veins and poor circulation of both legs as secondary to the Veteran's service-connected hyperostosis of the right fibula and tibia, and/or service-connected scar of the right distal lower leg. The Board also denied an initial compensable disability rating for the Veteran's scar of the right distal lower leg.

The Veteran's nerve damage of the left upper extremity, which includes intercostal neuralgia, is related to his service-connected residuals of lung cancer and thus service connection is granted.

The Veteran's son is seeking reimbursement for medical expenses paid to his mother, the Veteran's widow, before her death. The Board has ordered a remand to clarify the amount of medical expenses and recalculate the widow's income.