Other conditions decisions — 2007

The Board has found new and material evidence to reopen the veteran's claim of service connection for a dental disability. However, due to lack of in-service trauma, the Board denied service connection.

The appellant's countable income exceeded the maximum income ($7,329) allowed by law for receiving improved death pension benefits.

The veteran's claims for increased evaluations and special monthly compensation were denied. The left eye blindness claim was not supported by evidence of vision in the right eye meeting the criteria for a higher evaluation, while the paralysis of the right lower extremity and cicatrices claim did not meet the criteria for a 40 percent rating due to insufficient visual acuity in the right eye.

The Board has determined that the veteran's claims for service connection have been denied as there is no evidence of a current disability recognized by VA, and thus no basis to grant compensation.

The Board has determined that the claim for service connection for residuals of an internal/intestinal injury must be denied as new and material evidence was not received.,The Board has also determined that the claim for service connection for a perforated left ear drum is granted.

The Board denied the veteran's claim for an earlier effective date than January 9, 2004 for the grant of non-service-connected pension benefits, finding that the evidence showed the claim was first received at VA on January 9, 2004.

The VA determined that the veteran's pre-existing food allergy did not worsen during service, and thus denied her claim for service connection.

The Board has determined that the veteran's throat disability, which includes speech, swallowing, and eating impairment as well as sleep disturbances, warrants a 30 percent rating under DC 6516.

The Board has ordered a remand to obtain additional medical records and provide the appellant with proper VCAA notice. The case will be readjudicated based on all evidence.

The Board has found no current diagnoses of a skin disability, arthritis of the hands, or temporomandibular joint syndrome. Therefore, service connection for these conditions is denied.

The Board found that the veteran's left hand and finger injury occurred during his period of active duty for training, and is therefore service-connected.

The Board has determined that the veteran's request for an earlier effective date for adding his son to his nonservice-connected pension benefits is denied. The earliest effective date assigned is February 1, 2005.

The Board has determined that the veteran is not entitled to an increased evaluation for capsulitis, right elbow as there is no objective evidence of current disability or limitation of motion.

The veteran's death was not service-connected, and the appellant did not meet the eligibility criteria for non-service-connected burial benefits.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she was not married to him at the time of his death and thus did not meet the legal requirements for such status.

The Board denied the veteran's application to reopen his claim of service connection for a bilateral eye disability, finding that the evidence submitted since the April 1998 denial is not new and material.

The veteran's death was caused by myocardial infarction, multi-system organ failure, and gastric perforation. The service-connected left hip disability did not contribute to his death.

The Board found that the veteran did not have a current neck disorder that originated during active service and denied his claim for service connection. The Board also found that new and material evidence had not been received to reopen his PTSD claim.

The veteran's claims are not yet ready for appellate review due to missing records and deficiencies in VA's duty to notify. The case is REMANDED for obtaining relevant medical records, providing proper notice under 38 C.F.R. § 3.159(b), and readjudicating the claims.