Other conditions decisions — 2008

The Board denied the veteran's claim for an earlier effective date for service connection of a schizo-affective disorder, finding that no new and material evidence had been presented to warrant a grant of service connection. The decision is final as it was not appealed within one year.

The veteran's brain hemorrhage and stroke with residual left leg weakness were not incurred or aggravated by his active duty service. The Board found no evidence linking these conditions to his military service.

The Board has granted a 40 percent disability rating for the veteran's service-connected degenerative changes of the lower spine, effective from March 10, 2007. The veteran previously had a 10 percent rating since September 5, 2003.

The veteran's skin disability was rated at 60 percent prior to February 1, 2007 and decreased to 10 percent beginning February 1, 2007.,The veteran is not entitled to a TDIU as his service-connected skin disability alone does not preclude him from securing or following a substantially gainful occupation.

The Board has determined that the veteran's cancer was not incurred or aggravated by service, and specifically denied his claim for service connection.

The Board has remanded the veteran's claims due to incomplete documentation and need for further medical opinions.

The Board found that the veteran's allergies and respiratory disorder are not related to his military service.

The Board has determined that the appellant is entitled to accrued benefits for burial expenses of the veteran's widow, who was receiving death pension benefits at her date of death. The effective date is set as June 27, 1993.

The Board has determined that additional notice is necessary for the DIC and burial allowance claims, and these issues are being remanded to the RO/AMC for further action.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal prior to a decision being made.

The Board found new and material evidence to reopen the claim, but determined that the appellant is not considered the surviving spouse of the veteran for VA purposes.

The Board found that the veteran's muscle hernia of the left anterior tibial does not warrant a higher than 10 percent evaluation as there is no evidence of moderately severe or severe muscle injury. The current 10 percent rating under Diagnostic Code 5326 (extensive muscle hernia without other injury to the muscle) remains appropriate.

The veteran's service cannot be considered active military, naval or air service for purposes of establishing entitlement to non-service connected death pension. Therefore, the claim must be denied as a matter of law.

The Board has determined that the appellant's spouse did not have qualifying service for VA death benefits, and thus denied the claim.

The veteran died of multiple myeloma with atherosclerotic coronary vascular disease. Since service connection was not in effect for any disability at the time of his death, he did not meet the criteria for nonservice-connected burial benefits.

The veteran's claim for a higher rating for otosclerosis with bilateral defective hearing is being remanded due to the need for further examination and consideration.

The veteran's claim for service connection for right elbow disability was filed on February 8, 2003. The effective date of the grant of service connection is set at the date the claim was received, which is February 8, 2003.

The Board has remanded the case for additional procedural development, including legal authority to support a claim of clear and unmistakable error in the rating decision from March 1956.

The Board has remanded the case for additional development, including obtaining medical records and conducting a VA examination to determine if the appellant was permanently incapable of self-support due to her disabilities prior to her 18th birthday.

The VA denied the veteran's claim for an initial compensable evaluation for his bilateral defective hearing, finding that his audiometric findings have never warranted a compensable rating.