Other conditions decisions — 2008

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that her marriage to the veteran did not meet the requirements of VA regulations.

The veteran died from peptic ulcers, but there is no evidence to support that the condition was incurred in service or within the first post-service year. Therefore, the claim for service connection and DIC benefits is denied.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the veteran due to a legal impediment and lack of continuous cohabitation.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to lack of service eligibility.

The appellant is not recognized as the veteran's surviving spouse for VA death benefits purposes due to her divorce from the veteran at the time of his death.

The veteran's eligibility for educational assistance benefits under Chapter 1606, Title 10, United States Code was terminated on June 7, 2004 due to unsatisfactory performance in the Army Reserve. The claim is denied as he does not have a 6-year contract and his eligibility expired prior to completion of that period.

The veteran is seeking service connection for a left foot injury, but the case has been remanded due to incomplete records and need for further examination.

The Board has granted service connection for the veteran's service-connected coccyx fracture and assigned a compensable disability rating of 10 percent.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the case due to a lack of information regarding the type of ROTC program the appellant participated in that led to his commission in January 1997.

The Board found that the cause of the veteran's death was not proximately due to VA carelessness, negligence, or similar fault in providing medical treatment. The independent medical opinion concluded that the veteran's death could not be attributed to methadone, malpractice, or breach of standard care by VA personnel.

The veteran received treatment for supraventricular tachycardia and atrial fibrillation at UCSF from August 22, 2006. The condition was not service-connected, but the emergency nature of the care rendered by UCSF allowed payment or reimbursement.

The Board has determined that the veteran's duodenal ulcer disease had its onset during active service and granted service connection for this condition.

The Board denied the veteran's application to reopen his claim for revocation of a forfeiture action, finding that no new and material evidence had been received. The original decision declared the veteran forfeited all rights under VA law due to service with the Japanese-sponsored Bureau of Constabulary during World War II.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of the veteran's arthritis of the right hip.

The Board has remanded the case due to insufficient evidence regarding the veteran's exposure to cold weather during service in Korea, which allegedly resulted in injuries to his fingers. Additional research is needed to confirm whether the veteran served in Korea or Hawaii.

The Board has granted a 20 percent evaluation for the veteran's myoclonic spasm of the right foot, status post synovial cyst removal with a heel spur.

The veteran's claim for an increased rating for his service-connected residuals of a left anterior tibial muscle hernia is being remanded due to the need for additional medical examination and development.

The Board found that the appellant's spouse did not have active military service and therefore is not considered a veteran for VA death benefits.

The Board found that the veteran's service-connected chondromalacia patella of the right knee is currently manifested by mild symptoms such as mild patellar grinding, pain on manipulation of the patella and locking in the knee. The current evaluation of 20 percent is deemed sufficient to compensate for his disability.