Other conditions decisions — 2003

The veteran's claim for special monthly compensation based on a need for regular aid and attendance and higher level of care was denied because the evidence did not show that his wife provided personal health-care services under the supervision of a licensed health-care professional.

The veteran's claims for increased ratings of his upper extremity weakness and initial evaluation for bowel incontinence were denied. The RO found that the veteran did not have complete paralysis or loss of use, which are required for higher ratings under the applicable diagnostic codes.

The Board has granted a higher rating of 30 percent for post-operative residuals of a fracture of the right femur with avascular necrosis and arthritis, effective from the date of the March 1989 RO decision. A separate 10 percent rating is assigned for a superficial scar on the right hip due to pain. The claim for an increased evaluation for degenerative joint disease, subtrochanteric bursitis of the left hip remains at 10 percent and the claim for a higher evaluation for residuals of a left clavicle fracture remains at 20 percent.

The Board has determined that the appellant's post-operative hidradenitis in both armpits does not warrant an increased rating as his symptoms are currently manifested by tender or painful scarring.

The veteran's appeal for a compensable disability rating for his service-connected bilateral otitis externa has been granted. The RO is required to use the correct diagnostic criteria and re-adjudicate the claim using these criteria.

The Board has determined that the veteran's current residuals of cold injury, right foot are due to service and have been granted service connection.

The Board denied the appellant's claim to reopen his eligibility for VA benefits due to lack of new and material evidence. The appeal is dismissed.

The VA denied the veteran's claim for service connection for gallstones, finding that they were not incurred or aggravated by service and could not be presumed due to radiation exposure. The current disorder was also not caused by a pre-existing condition.

The Board denied the veteran's claims for service connection due to lack of new and material evidence, as well as insufficient evidence linking his systemic mastocytosis or esophageal cancer to exposure to ionizing radiation.

The Board denied the veteran's claims for service connection and a compensable disability rating, finding no new and material evidence to reopen her claim of an acquired psychiatric disorder (PTSD).

The veteran's ex-wife was awarded $124 for the month of January 2002 as an apportionment of his VA disability compensation benefits, which concluded concurrently with her entitlement to a dependency allowance.

The veteran died of a non-service-connected cause and was not in receipt of any VA benefits at the time of his death, so he is ineligible for burial benefits.

The Board denied service connection for squamous cell carcinoma of the base of the tongue, finding no evidence to support a direct link to service or exposure to herbicides like Agent Orange.

The appellant's claim was denied as he did not have the required service to qualify for VA benefits.

The Board found that the appellant is not entitled to VA death benefits as the surviving spouse of the veteran due to lack of one-year marriage prior to his death, no children born of the marriage, and failure to meet other eligibility criteria.

The appellant's claim for accrued benefits was not filed within one year of the veteran's death, and he did not have a pending claim with VA at the time of his death. Therefore, the appeal to establish entitlement to accrued benefits is denied.

The Board has determined that the appellant may be recognized as the veteran's surviving spouse for purposes of entitlement to VA death benefits.

The Board denied the appellant's claim for VA benefits, finding that her deceased husband did not have qualifying service as a member of the Philippine Commonwealth Army and thus was not eligible for VA benefits.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no causal connection between any service-connected disabilities and his death from acute renal failure, pneumonia, and congestive heart failure.

The Board has denied the veteran's claim for an earlier effective date for a total rating on the basis of individual unemployability due to service-connected disability (TDIU).