Other conditions decisions — 2009

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claim of service connection for residuals of a stress fracture of the left second metatarsal. As such, the claim remains denied.

The Veteran's widow is seeking an earlier effective date for Dependency and Indemnity Compensation (DIC) benefits, but the case has been dismissed due to the death of the appellant.

The Board has granted service connection for residuals of basal cell carcinoma of the left nasal tip, right nasal tip, and left jaw line. The claim to reopen a previously denied claim for fungus of the feet is also granted.

The Veteran's spouse is not eligible for CHAMPVA benefits as the Veteran had recognized service with the Philippine Commonwealth Army, United States Armed Forces in the Far East (USAFFE) from December 1941 to June 1946. The Veteran's only active duty is recognized service with the USAFFE.

The Board has determined that new and material evidence has been received to reopen the appellant's claim for revocation of her forfeiture of VA benefits. The decision also holds that she knowingly committed fraud in cashing altered checks, resulting in the forfeiture of all future VA benefits.

The Veteran's daughter, D.K., is not recognized as a helpless child due to her inability to support herself prior to age 18.

The Veteran's hairy cell leukemia, diagnosed as a form of non-Hodgkin's lymphoma and chronic lymphocytic leukemia, is granted service connection due to exposure to herbicides in the Republic of Vietnam.

The Veteran seeks service connection for a rash claimed as secondary to exposure to Agent Orange. The case is REMANDED due to the need for a VA examination.

The appeal has been dismissed because the appellant died during the pendency of the appeal, and therefore the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the appellant's claim for nonservice-connected death pension benefits as her husband did not have qualifying service to establish eligibility.

The Board found that the Veteran's service as a recognized guerrilla did not qualify her for nonservice-connected death pension benefits due to lack of active military service, and thus denied the claim.

The Veteran incurred unauthorized medical expenses for a right hand fracture, but the appeal is denied as he did not meet all criteria for payment or reimbursement under VA regulations.

The Veteran died of Alzheimer's dementia, which is not service-connected. The appellant does not meet the criteria for VA burial benefits as she did not provide evidence that the Veteran was hospitalized by VA at the time of death or had a pending claim for compensation.

The Board has ordered the case to be remanded for further action due to incomplete records and new evidence not yet considered.

The Veteran's claim for an earlier effective date for the grant of service connection for panic disorder and agoraphobia is granted, but only to the extent that it relates to his November 28, 2001 claim to reopen.

The Veteran's claim for increased ratings for his low back disability was denied. He is currently rated at 40 percent from September 23, 2008.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the proximate cause of his postoperative residuals, including acute prostatitis and E. coli bacteremia/septicemia, was not found to be due to VA carelessness or negligence.

The Veteran's claim for service connection for schizoaffective disorder is being remanded due to the need for a VA examination and medical opinion regarding the nature, extent, onset, and etiology of any psychiatric disability found to be present.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a low back disability. The Veteran's current low back condition is not shown to be related to her period of active service.

The VA determined that there is no current disability related to the Veteran's in-service eye injury, and thus denied his claim for service connection.