Other conditions Board decisions

The Board has determined that a timely Substantive Appeal was filed regarding the July 2003 rating decision denying service connection for the cause of the Veteran's death.

The Board found that the Veteran did not meet the criteria for compensation under 38 U.S.C.A. § 1151 for accrued benefits due to lack of evidence showing VA carelessness, negligence or similar instance of fault.

The Board denied the claim of service connection for the cause of death due to lack of evidence. The appellant seeks to reopen her previously denied claim, but new and material evidence has not been submitted.

The Veteran's child is in the custody of the appellant, and she has requested an increase in the apportionment of his VA compensation benefits. The case is being remanded for further review due to a potential issue with financial documentation.

The Board has decided to remand the case for additional development, including obtaining private treatment records and scheduling a VA medical examination.

The Veteran's claims for educational benefits under various VA programs were denied due to the absence of active duty service and eligibility determinations by DoD.

The appellant is seeking an earlier effective date for DIC benefits, but the Board finds that no evidence supports a claim prior to August 23, 2006. The RO awarded DIC benefits with an effective date of August 23, 2006, based on the liberalizing law and VA issue.

The Board denied the reopening of a previously denied claim for nonservice-connected disability pension benefits due to lack of new and material evidence.

The appellant's eligibility for Chapter 1606 educational assistance benefits was denied as of March 17, 2005 due to Unsatisfactory Participation and her subsequent discharge from the Individual Ready Reserves.

The Veteran's claim for an initial disability rating in excess of 30 percent for her service-connected residuals of pelvic inflammatory disease, status post subtotal hysterectomy and right unilateral salpingo oophorectomy was denied. The RO assigned a 30 percent disability rating under DC 7618, which is the highest possible rating based on three or more months after removal of the uterus.

The Board found that the RO improperly calculated the appellant's countable income from April 1, 2007 and determined that the appellant was not entitled to higher pension payments.

The Veteran's claim for educational assistance under Chapter 30 or Chapter 32 was denied as he did not meet the eligibility requirements.

The Veteran seeks service connection for a respiratory disorder, which the Board finds requires additional development due to incomplete medical records and lack of specific information regarding his in-service exposure.

The Board has decided to remand the case for additional development, including obtaining service personnel records and a VA examination to determine if the appellant's squamous cell carcinoma of the base of the tongue is related to his military service or exposure to herbicides such as Agent Orange.

The Veteran's death was caused by hospital care, medical or surgical treatment, or examination provided by VA in April 2002. The proximate cause of the death is believed to be due to negligence and lack of proper skill on the part of VA in furnishing such care.

The Board found that the termination of SMC based on the need for aid and attendance was improper, as the Veteran meets the criteria for this benefit under 38 U.S.C.A. § 1114(l).

The Board has determined that the Veteran's death was caused by his service-connected colon cancer, which developed as a result of exposure to herbicides during his period of active service in Vietnam.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed residuals of a cerebral-vascular accident (CVA) and its relationship to service-connected hypopituitarism. The Veteran is requested to provide medical records from his 1977 hospitalization for black out spells, as well as any other relevant private treatment records.

The Board found that the cause of the Veteran's death, aspiration pneumonitis, was not caused by or a result of his service-connected shrapnel wound. The Board also could not determine if the Veteran's PTSD contributed to his death as there were no records indicating he had PTSD during service or shortly after service.

The appellant's income exceeds the maximum rate for death pension benefits, thus her claim is denied.