Other conditions decisions — 2009

The Veteran's dysthymic disorder is not caused or aggravated by his service-connected tinnitus.

The Board has determined that the Veteran's obstructed vision, including seeing two lines in her right eye after a YAG peripheral iridotomy procedure in April 2004, is due to an event not reasonably foreseeable and grants compensation benefits under 38 U.S.C.A. § 1151.

The Veteran died from a homicide, and the cause of death is not service-connected. The appellant does not meet the criteria for burial or plot allowance as she did not have an original or reopened claim pending at the time of his death.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and seeking relevant post-service medical evidence. The VA will also schedule the Veteran for a respiratory disorder examination to determine its etiology.

The Veteran's appeal is dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the Veteran's claims for increased evaluations and service connection for various conditions, including shortness of breath, bilateral knee pain, mechanical low back pain, pes planus with left claw foot deformity and right hallux valgus with bunion, tinnitus, broken teeth (for treatment purposes), residuals of radiation exposure, residuals of asbestos exposure, headaches, and bilateral hearing loss.

The Veteran's cellulitis of the bilateral lower extremities was not incurred or aggravated by service, and there is no legal presumption applicable to this condition.

The Board has determined that the appellant did not timely file a Notice of Disagreement (NOD) with the March 2003 rating decision, which denied her request for an earlier effective date for DIC benefits. As such, the appeal is dismissed.

The Board dismissed the appeal due to the Veteran's death, as they have no jurisdiction to adjudicate the merits of this claim.

The Veteran's service-connected right ring finger disability is manifested by degenerative joint disease, resulting in a noncompensable rating. The claim for an increased rating has been granted.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse due to her having been legally divorced from the Veteran in 1967, prior to his death in 1981.

The Veteran's skin disorder manifested by blisters was not incurred in or aggravated by service, may not be presumed to have been incurred in service, and is not proximately due to a service-connected disability.

The Veteran's claim for an increased rating for residuals of a skull fracture was denied as his income exceeded the maximum annual pension rate, thus he is not entitled to nonservice-connected pension benefits.

The Veteran's dysthymic disorder with agoraphobia is currently rated at 50 percent, and the Board finds that this rating adequately reflects his disability level.

The Board has determined that the Veteran's right hip disability is not related to his service-connected left knee disability and therefore, denied his claim for secondary service connection.

The Veteran's appeal has been dismissed due to his death.

The Veteran's service-connected pilonidal cyst is rated at 10 percent, the maximum available rating under DC 7899-7804. The disability does not meet criteria for a higher rating as there is no evidence of an area exceeding 6 square inches or frequent loss of covering.

The Veteran seeks service connection for congestive heart failure and cardiomegaly, which he contends are related to his hypertension. The Board has determined that a VA examination is needed to address the nature and etiology of the Veteran's current hypertension and its relationship to service.

The Veteran is eligible for Category (5) health care treatment due to his income being below the threshold set by VA regulations.

The Veteran withdrew his appeal for a TDIU from the Board.