Other conditions decisions — 2008

The Board found that the veteran's pre-existing poliomyelitis (polio) existed prior to his entry into military service and was not aggravated during his active duty. Therefore, it denied service connection for poliomyelitis (polio).

The veteran's claim of increase for his right leg stab wound residuals is being remanded due to the need for further examination and updated treatment records.

The veteran's son, who died in 1971, was not diagnosed with spina bifida. The veteran is denied compensation as he does not meet the legal criteria for benefits under VA regulations.

The Board denied the appellant's claim for DIC, death pension and accrued benefits as she did not meet the statutory and regulatory requirements to qualify as a surviving spouse of the veteran.

The veteran's income for the year 2003 exceeded the threshold amount required to receive treatment in the VA healthcare system without a copayment, so his appeal is denied.

The Board denied the appellant's application to reopen her claim of entitlement to legal recognition as the veteran's surviving spouse, finding that new and material evidence had not been submitted.

The Board has remanded the case due to uncertainty about the nature and etiology of the veteran's lower back disability, which may have been caused by a motor vehicle accident during service or pre-existing. The claim is being sent back for further examination and consideration.

The appellant has withdrawn her appeal regarding the issues of TDIU for accrued benefits purposes and non-service connected death pension. The Board has no jurisdiction to address these matters.

The Board has reopened the claim of service connection for the cause of the veteran's death due to new and material evidence. The cause of death, diffuse large cell lymphoma, is not considered related to his military service or any service-connected disabilities.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's service-connected varicose veins do not render him unemployable due to his inability to stand or walk for prolonged periods of time.

The Board has determined that the veteran's medical expenses for 2002 can be used to reduce his countable income, allowing him to receive accrued benefits. The decision grants the appellant-stepson's claim for these benefits.

The veteran's original claim for service connection for a skin condition was denied in 1986. The current appeal is to reopen this claim based on new and material evidence.

The case is being returned to the RO for further review due to inconsistencies in the appellant's husband's service records and death certificate. The issue of whether the appellant is legally entitled to VA benefits will be reconsidered with new information.

The Board dismissed the motion for clear and unmistakable error due to the moving party's failure to meet the threshold pleading requirements set out by the regulations.

The Board has determined that the appellant's current right eye pathology, including ocular ischemic syndrome and central retinal artery occlusion, is not attributable to his active military service.

The Board has denied the veteran's service connection claim for arthritis of multiple joints, finding that there is no evidence associating this condition with her active military duty or her service-connected sarcoidosis. The appeal will be dismissed.

The veteran's appeal is being remanded due to the need for additional medical records and a VA examination. The issue remains whether he should receive a higher disability rating for his service-connected aortic stenosis.

The Board found that the veteran's undiagnosed condition manifested by neck and lower back pain does not warrant a rating in excess of 10 percent, as there is no evidence of moderate limitation of motion or neurological manifestations.

The veteran's service-connected Bell's palsy and pilonidal cyst with residual scar are rated at 10 percent each, effective from August 16, 2003.