Other conditions decisions — 2009

The Veteran's death was not caused or hastened by VA care, and the Board finds that he did not die as a result of VA medical treatment. Therefore, DIC benefits under 38 U.S.C.A. § 1151 are denied.

The Veteran's death benefits claim was denied because the appellant and the Veteran were not married at the time of his death, despite their close friendship after the divorce.

The Veteran's treatment from April 26, 2006 to April 28, 2006 was considered emergency treatment and met the criteria for payment or reimbursement of private medical expenses.

The Board has decided to remand the case for additional development, including obtaining medical records and providing a VA physician with a medical opinion on whether the Veteran's prescribed PTSD medication contributed to his cause of death.

The Board has remanded the case for additional development, including obtaining VA treatment records from October 2004 to September 2006 and providing the appellant with proper notice regarding her claim. The Veteran's cause of death is being reviewed by a VA physician.

The Board has remanded the case due to the inextricability of the accrued benefits and DIC claims. The appellant's claim for service connection for leukemia is pending, and if she prevails, it would likely have a significant impact on her DIC claim.

The Veteran's claim for a higher rating prior to June 14, 2005 was denied as his low back disability did not meet the criteria for an initial rating in excess of 40 percent.

The Board previously denied the appellant's claims for service connection for the cause of her husband's death and DIC benefits under 38 U.S.C.A. § 1318 due to a lack of evidence linking his death to his service-connected disabilities. The Court has remanded the case for further development, including obtaining missing medical records and providing corrective VCAA notice.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling VA examinations to determine the nature, extent, and etiology of the veteran's claimed neck injury residuals and rash on the groin, hands, and feet.

The Board has denied the appellant's claim for nonservice-connected death pension benefits and special monthly pension (SMP) based on the need for regular aid and attendance due to her income exceeding the maximum annual pension limit.

The Board has reopened the claim but denied service connection for residuals of contusions to the head as new and material evidence was submitted, but it did not relate to a current disability related to service.

The Board granted service connection for premature menopause and eczema, finding that the Veteran's conditions are likely due to her active duty in the Persian Gulf War.

The Veteran's appeal is being remanded for another VA examination to determine the nature, extent and appropriate diagnosis of his claimed sleep disability with fatigue, respiratory disability, and muscle and joint pain. The examiner should also provide an opinion as to whether these conditions are related in any way to his active military service.

The case is being remanded for the appellant to be scheduled for a Board videoconference hearing at the local Regional Office in Portland, Oregon.

The Veteran's claims for service connection for traumatic arthritis of the right hip and right foot have been denied as there is no evidence of current disabilities or a link to his military service.

The Board found that the Veteran's cause of death was not caused or contributed to by his military service, and thus denied the claim for service connection for the cause of death.

The Board found that the Veteran's kidney disease, which resulted in a right nephrectomy, was not caused or permanently aggravated by active military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his right little finger disability and genital warts.

The Board is remanding the Veteran's claims for a left leg disorder and nonservice-connected VA pension benefits due to incomplete information, including medical records and employment status.

The Veteran's right Achilles tendonitis is rated at 10 percent, and his cold injury residuals of the feet are each rated at 10 percent. The appeal for increased ratings has been denied.