Other conditions decisions — 2006

The Board denied the appellant's claim for DIC, death pension benefits, and accrued benefits as a surviving spouse of the veteran due to her divorce from the veteran prior to his death.

The Board found that the veteran's left leg venous insufficiency is not related to his service or a service-connected condition, and thus denied the claim for service connection.

The VA has determined that the veteran's right radial nerve palsy does not warrant a rating in excess of 30 percent, as there are no organic changes and his symptoms do not meet criteria for a higher evaluation.

The RO denied the veteran's claim for VA death benefits. The case is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC, for further action.

The Board denied the appellant's request to reopen her claim for revocation of a forfeiture action under 38 U.S.C.A. § 3504(a) [now 38 U.S.C.A. § 6104(a)], finding that no new and material evidence had been submitted.

The VA Regional Office denied the appellant's claim for VA benefits due to her deceased husband not having qualifying service. The appeal is being remanded so that she can obtain representation and schedule a hearing before the Board.

The Board has decided to remand the case for additional development, including a VA examination and further analysis of the veteran's claim for service connection for mitral valve prolapse.

The Board has determined that the veteran's death was not caused by his service-connected peptic ulcer disease, and therefore, he is ineligible for DIC under the provisions of 38 U.S.C.A. § 1318.

The appellant is not eligible for VA non-service-connected death pension benefits due to lack of qualifying service. The claim for accrued benefits was filed more than one year after the veteran's death, and thus, she is not legally entitled to these benefits.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has denied the appellant's request to reopen her forfeiture of VA benefits claim, finding that no new and material evidence was submitted to address the issue of fraud in her January 1971 claim for survivor benefits.

The Board denied the appellant's claim that she should be established as the surviving spouse of the veteran for VA benefits purposes, finding no new and material evidence to reopen the claim.

The Board denied the appellant's claim for death pension benefits due to her income exceeding the maximum annual income limit. The issue of whether to reopen the cause of death claim is remanded.

The veteran's claim for payment or reimbursement of expenses for diagnostic testing at St. Joseph's Hospital is denied as the evidence does not meet the criteria for emergency treatment and no VA facility was feasibly available.

The Board denied the veteran's claims for increased ratings for her service-connected right knee disabilities, finding that there was no evidence of more than moderate instability or limitation of motion warranting a higher rating.

The Board has decided that the veteran's residuals of head trauma are not service-connected due to intoxication, but as the appeal is on the merits now, the case will be remanded for further examination and review.

The Board has denied the veteran's claims of service connection for Non-Hodgkin's Lymphoma on a direct or presumptive basis, and due to exposure to Agent Orange. The evidence does not support a finding that the lymphoma was incurred in service or as a result of exposure to herbicide agents.

The Board found that the December 1951 rating decision did not contain CUE in denying service connection for frozen feet and hands or assigning a compensable rating for psychoneurosis.

The veteran's unauthorized medical expenses incurred at Bloomington Hospital from June 16 to June 17, 2003 are approved for reimbursement due to the emergent nature of his chest pain and other symptoms.

The Board has remanded the case due to the need for additional development, including obtaining medical opinions regarding the etiology of the appellant's lower extremity amputations and their relationship to his service-connected disability.