Other conditions decisions — 2006

The VA denied the veteran's claim to reopen his service connection for a hiatal hernia, stating that no new and material evidence was submitted. The RO found that there was no evidence of treatment for this condition in his service medical records.

The Board denied an increased rating for the veteran's service-connected laceration of flexor tendons, distal left forearm, finding that the disability represented a moderately severe muscle disability at 20 percent disabling since August 3, 2004.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the veteran due to her marriage to another person at the time of the veteran's death.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for residuals of service-connected carcinoma of the larynx, from July 1, 2003.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that her application was received more than a year after the veteran's death and therefore did not meet the criteria for an earlier effective date.

The Board found no legal basis for awarding accrued benefits to the appellant, as she is not a member of one of the statutorily enumerated categories of recipients.

The Board is remanding the case for further development due to a lack of medical evidence regarding the cause of death.

The Board has reopened the veteran's claim for service connection for a respiratory disorder, claimed as an elevated right hemi-diaphragm. The Board finds that new and material evidence has been received to support this claim, and affords the veteran the benefit of doubt in favor of his claim. Therefore, the Board grants service connection for the elevated right hemidiaphragm.

The veteran's claim for an earlier effective date for the grant of service connection for postoperative residuals of an aortic valve replacement is dismissed as being without legal merit.

The Board has determined that the veteran's Crohn's disease is productive of no more than moderately severe symptoms with frequent exacerbations, warranting a 30 percent evaluation.

The Board denied the veteran's application to reopen his claim for legal entitlement to non-service-connected disability pension benefits due to a lack of new and material evidence, as his service is prior to July 1946 and not considered active duty for VA pension purposes.

The Board has determined that the veteran does not currently have a disability or disease manifested by sinus bradycardia and therefore, service connection for this condition is denied.

The Board denied the veteran's claim for basic eligibility for nonservice-connected pension benefits due to a lack of service during a period of war, as his service ended before the start of the Vietnam Era.

The Board denied the appellant's request to restore her VA death pension benefits as an unmarried widow due to the termination of her remarriage, which is not covered by the reinstatement provisions for death pension benefits.

The VA determined that the appellant's spouse did not have the required military service to qualify for nonservice-connected death pension benefits, and thus denied her claim.

The veteran's application for VA healthcare benefits was denied because he does not meet the eligibility criteria for enrollment in VA's healthcare system, as his income is above the threshold and he did not apply before January 17, 2003.

The Board has remanded the case for additional development due to incomplete VA examinations and for clarification on the veteran's satisfaction with his current disability ratings.

The veteran's application for enrollment in the VA health care system was denied due to his assignment to Priority Group 8, which is not eligible for new enrollments after January 17, 2003.

The Board dismissed the appeal due to the death of the appellant.

The Board has remanded the case for further development, including a review by a VA examiner to determine if the veteran's death was due to service. The appellant is also asked to provide any additional pertinent evidence in her possession.