Other conditions decisions — 2009

The Veteran's claim for reopening a service connection for arthrodesis of the left hip is being remanded due to the need to obtain SSA records.

The Veteran's bilateral lower extremity amputations are not shown to have been the result of VA negligence or carelessness, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's claim for a higher evaluation for his service-connected herpes I and II was granted, with the effective date set at April 8, 2003. The claim for TDIU is remanded to the RO via the Appeals Management Center (AMC).

The Veteran's service is not considered qualifying for nonservice-connected death pension benefits, and the appeal is denied.

The Board has reopened the claim but denied legal entitlement to VA benefits due to a lack of qualifying service.

The Veteran's claim for a higher rating for his residuals of a fracture of the right mandible with paresthesia in the mandibular division of the fifth cranial nerve was denied as his disability did not meet the criteria for a higher evaluation.

The Veteran's recurrent perianal abscess has not been shown to exceed the criteria for a rating in excess of 10 percent, as it does not cause compensable limitation of function.

The Veteran's claim for an initial evaluation in excess of 10 percent for frontal fibrosing alopecia was granted, and the effective date for service connection was set at May 23, 2001.

The Veteran's appeal was dismissed due to the death of the appellant.

The Board dismissed the appeal due to the appellant's death.

The Veteran's death was not service-connected, as his cause of death (chronic lymphocytic leukemia) is not linked to any service-connected disability. The claim for DIC under 38 U.S.C. § 1318 is also denied.

The Board dismissed the appeal as the appellant requested withdrawal of the appeal.

The Veteran's claims for service connection for anemia and a higher rating for his duodenal ulcer are being remanded due to the need for additional development, including medical examinations.

The Board denied the Veteran's claim for an annual clothing allowance, finding that the preponderance of evidence did not meet the criteria for such a benefit due to lack of damage to outer garments caused by prescribed alopecia medication.

The Board has remanded the case for additional development, including obtaining military records and Social Security Administration (SSA) records. A VA examination is also required to determine if the Veteran's peptic ulcer disease began during service or is related to any incident of service.

The Board finds that the evidence is in relative equipoise, resolving all reasonable doubt in favor of the appellant and thus service connection for the cause of the Veteran's death due to metastatic colon cancer is granted.

The Board has remanded the case due to inadequate notice regarding the need for additional evidence related to the cause of death claim.

The Board has remanded the case for additional development, including obtaining a VA opinion on whether the Veteran's service-connected basal cell carcinomas of the nose contributed to his death from malignant brain tumor. The claims for service connection for cause of death and eligibility for DEA benefits under Chapter 35 are also being remanded.

The Board found that the Veteran's pre-existing amblyopia did not worsen during service and denied his claim for service connection.

The Board denied the appellant's claims for character of discharge from active duty and nonservice-connected pension benefits, finding that there were no compelling circumstances to warrant his prolonged unauthorized absence.