Other conditions Board decisions

The Board has determined that the appellant's income exceeded the maximum annual pension rate, leading to the termination of her nonservice-connected death pension benefits.

The appellant's request for an extension of her delimiting date beyond August 23, 2010 for Dependents Educational Assistance (DEA) benefits under Chapter 35 was denied as she did not meet the qualifications for an extension due to lack of evidence showing a disability that prevented or interrupted school attendance.

The Board found that the appellant's income exceeded the maximum annual pension rate (MAPR) for her situation, leading to a reduction of her initial award of NSC death pension benefits from $461.00 per month as of October 1, 2010 to $0.00 effective November 1, 2010.

The Board found that the Veteran's amyloidosis, a disease associated with exposure to Agent Orange, was service-connected due to his in-service exposure. The cause of death was attributed to amyloidosis.

The Veteran's claim for service connection for ALS was denied by the Board, and an effective date of September 27, 2010 is assigned for the grant of service connection for the cause of his death due to ALS.

The Board denied both claims for earlier effective dates, finding that the appropriate effective date for the removal of H. as a dependent spouse is January 1, 2004 and the addition of K. as a dependent spouse is May 1, 2011.

The Veteran's claims for increased ratings for his peripheral vascular disease of the right and left lower extremities were denied as there was no evidence of claudication on walking more than 100 yards or ABI of 0.9 or less, which are required for a higher rating under Diagnostic Code 7114.

The Board has denied the appellant's claim for accrued benefits in excess of $2,588.00 due to lack of legal standing and reimbursement of expenses incurred by the payee at her death.

The Board has determined that the validity and amount of the overpayment of NSC death pension benefits need to be re-evaluated, as it is inextricably intertwined with the waiver request. The appellant must provide additional medical care expenses for the years 2010 and 2011.

The Veteran's total and permanent disability was established prior to the Appellant's application for Dependents' Educational Assistance (DEA) benefits, which is granted.

The Board denied the appellant's claim for VA death benefits due to a lack of qualifying service, as determined by the U.S. service department.

The Veteran's non-college degree program at United Theological Seminary and Bible College was not approved for Post-9/11 GI Bill benefits because it did not meet the requirements of an institution of higher learning.

The Board found that the reduction from a 100 percent evaluation to a 10 percent evaluation for laryngeal carcinoma was proper based on the absence of active disease, local recurrence, or metastasis. The Veteran's residuals included hoarseness, dyspnea, and difficulty swallowing.

The Veteran's spouse, the appellant, was not granted educational assistance benefits under Chapter 35 of Title 38 because her application for DEA benefits was received after the expiration of her eligibility period. The RO denied her claim as she did not file a claim to extend the delimiting date within one year of February [redacted], 2005, due to insufficient medical evidence showing that her back disability prevented her from pursuing education during her period of eligibility for Chapter 35 benefits.

The appeal has been dismissed due to the death of the appellant, and the Board does not have jurisdiction to adjudicate the merits of this case.

The Board found that the Veteran's atonic neurogenic bladder was not caused by VA treatment and denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's loss of vision in the left eye is not deemed to be caused by VA care, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's claim for service connection for residuals of burns to the thorax and cornea is denied as there is no current disability found in the medical evidence.

The Board has determined that the Veteran's ulcer condition and stomach condition are not related to service, including Agent Orange exposure.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's bilateral knee disabilities were caused by his military service, including his duties as a drill instructor. As such, service connection for these disabilities is granted.