Other conditions decisions — 2008

The VA denied the veteran's claims for compensation under 38 U.S.C.A. § 1151 for residuals of gall bladder surgery and special monthly compensation based on the need for aid and attendance and/or housebound allowance due to a lack of evidence showing additional disability resulting from VA treatment.

The Board has reopened the veteran's claims for service connection for a back condition and right and left hip conditions. The appeals are now remanded to further develop the evidence.

The Board has decided to remand the case due to procedural defects and insufficient VCAA notice, requiring additional development before a decision can be made.

The veteran's appeal for non-service-connected pension benefits was denied due to the lack of 90 days of active military service during wartime. The claim for service connection for mental disability is remanded for issuance of a Statement of the Case (SOC).

The Board has remanded the case due to insufficient medical evidence on whether the veteran's current eye disability is related to service, including a May 2004 surgery. The AMC/RO must arrange for a VA examination and obtain any relevant treatment records.

The veteran and the appellant were divorced at the time of the veteran's death in January 2004. Therefore, recognition of the appellant as the surviving spouse for VA death benefits is not established.

The Board has determined that the veteran did not incur degenerative joint disease of the left hip in service or within the first post-service year, and thus denied his claim for service connection.

The veteran's right elbow disability is productive of a limitation of pronation with motion lost beyond the last quarter of arc, warranting a rating of 20 percent.

The veteran has withdrawn his appeal for service connection for intraspinal lipoma and cord tethering, leaving only the grant of nonservice-connected pension as a full grant of the benefit sought.

The Board has determined that the appellant and the veteran were never legally married, and therefore does not qualify as the surviving spouse for VA benefits.

The Board has denied the veteran's claims for service connection for post-traumatic-stress-disorder and bilateral-foot-disorder, finding that there is no evidence of a current disability or that it was incurred in service.

The Board denied the veteran's widow's claim for non-service connected death pension benefits due to her husband having recognized guerrilla service and regular Philippine Army service before July 1, 1946. As this excluded him from receiving such benefits, the appeal is denied.

The veteran's child's income exceeds the maximum annual rate of improved death pension, thus denying entitlement to death pension benefits.

The Board found that the veteran's death was not caused by VA treatment, and thus denied DIC under 38 U.S.C.A. § 1151.

The Board denied the appellant's claim as a surviving spouse of the veteran, finding that she did not meet the legal requirements for eligibility to receive VA DIC benefits.

The Board has denied the veteran's claims of service connection for malaria and osteoporosis, finding no competent evidence to support these conditions as incurred in or aggravated by service.

The Board has remanded the case for a VA examination to determine if the veteran's plasmablastic multiple myeloma is related to his service, including exposure to smoke from oil well fires and experimental vaccinations. The examiner will also assess whether the veteran's symptoms are due to an undiagnosed illness or known clinical diagnoses.

The veteran's appeal for service connection for dental injuries has been withdrawn, resulting in the dismissal of this issue.

The Board has decided to remand the case for further development, including a VA examination and etiological opinion regarding the veteran's tongue thrusting condition.

The Board has remanded the case for further development, including scheduling a VA examination and providing VCAA notice. The veteran's claim of service connection for a skin disability will be reconsidered.