Other conditions decisions — 2008

The Board has remanded the veteran's claims of service connection for dysentery, malaria, malnutrition, and a skin disease of the legs due to new evidence submitted by the veteran.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's previously denied claim for service connection for a stomach ulcer, resulting in a denial of the reopening of the claim.

The Board denied an increased evaluation for degenerative changes of the thoracic spine, finding that the evidence did not support a rating higher than 20 percent from September 26, 2003.

The Board denied the appellant's claim for basic eligibility to receive VA benefits due to a lack of qualifying service in active military, naval, or air service.

The Board has determined that the appellant is the veteran's surviving spouse for VA benefits purposes, based on their common-law marriage prior to October 10, 1991.

The Board found that the veteran's back pain did not manifest during service and is not related to his military service. The claim for service connection was denied.

The Board has remanded the case due to unclear information about the veteran's exposure to ionizing radiation during service, and a dose estimate is needed. The appellant must be informed of her rights under the Veterans Claims Assistance Act.

The Board denied increased ratings for chronic suppurative otitis media and hearing loss of the right ear, as well as a compensable rating for residuals of a perforation of the right ear drum.

The Board denied the appellant's claims for service connection and initial evaluations for various conditions, including right hand reflex sympathetic dystrophy, left hand reflex sympathetic dystrophy, right and left hand scars, bilateral inguinal herniorrhaphies, and chronic sinusitis. The evidence did not support a finding of an eye disability for VA purposes.

The Board has ordered the case to be remanded for further development and consideration, including providing the veteran with proper notice regarding reopening his claim.

The Board has determined that the veteran's amputation of left great toe and irregular gait are not related to his service-connected disability, leading to a denial of these claims.

The veteran's active duty service does not meet the threshold service eligibility requirements for VA pension benefits.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for mandible loss due to VA medical treatment, but his claim is being remanded as it appears that any additional benefit sought would not result in an additional benefit.

The veteran is seeking an earlier effective date for increased compensation based on additional benefits payable to his spouse and dependent children. The RO/AMC needs to provide proper VCAA notice, including a recitation of relevant regulations pertaining to the effective dates for dependents' compensation.

The veteran's appeal has been dismissed as the appellant withdrew it.

The Board denied the veteran's appeal as there was no legal basis to consider his net amount of Civil Service Retirement annuity instead of the gross amount. The reduction in non-service-connected pension benefits effective January 1, 2005 was upheld.

The veteran's pension benefits are apportioned to the appellant in the amount of $120 per month for her children JE and JM, effective October 24, 2005.

The Board has determined that the veteran does not have a diagnosed neurological disability of the left lower extremity and therefore, service connection for this condition is denied.

The veteran's mother is not eligible for the accrued benefits due to his death because she does not qualify as a dependent parent under VA regulations.

The Board has determined that the veteran does not currently have a post-operative right inguinal hernia repair with a scar that meets the criteria for a compensable rating under VA's rating schedule.