Other conditions decisions — 2009

The Veteran's claims for PTSD and a right leg disorder are being remanded due to the need for additional development, including verification of stressors and examination.

The claimant is not eligible to receive DIC benefits as a surviving spouse due to the lack of valid marriage and continuous cohabitation with the Veteran for at least one year prior to his death.

The Board denied the Veteran's claim for service connection for a gastrointestinal disorder, finding that it was not incurred or aggravated by service and is not related to a service-connected disability.

The Board has denied the appellant's claim for an effective date prior to April 17, 2006 for the grant of widow's death pension with special monthly compensation (SMC) based on the need for aid and attendance (A&A). The appeal is dismissed as there was no earlier claim or evidence submitted.

The Veteran is seeking service connection for a psychiatric disorder, specifically psychoneurosis. The Board has determined that additional development is needed to determine the existence and etiology of this condition.

The Veteran is seeking compensation for an esophageal disability due to treatment at a VA facility. The Board has decided that a remand is necessary to determine the existence and etiology of any additional esophageal disability, as well as whether there was fault on the part of VA in providing care.

The Board found that the recoupment of separation pay in the amount of $11,384.00 by withholding VA disability compensation benefits was proper and denied the Veteran's appeal.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for VA death benefits due to a lack of evidence showing continuous cohabitation from the date of marriage to the date of the Veteran's death.

The Board denied the Appellant's claim for apportionment of the Veteran's disability benefits, finding that she is not legally entitled to such benefits.

The Board has remanded the case for additional development, including obtaining VA treatment records and a spine examination. The Veteran's claim is now pending again with the RO.

The Veteran's appeal is remanded for an additional VA examination to address the nature, extent and etiology of his service-connected left foot disability, including gouty arthritis. The AOJ should also specifically address whether staged ratings are appropriate under Hart v. Mansfield, 21 Vet. App. 505 (2007).

The Veteran's claim for service connection for arthritis, several joints, to include as secondary to rheumatic fever was denied in the February 2005 rating decision. The Board has now remanded the case due to a failure to afford the appellant a personal hearing.

The Board found no evidence linking the Veteran's current skin disability to his active service or exposure to Agent Orange, and thus denied the claim.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disability has been dismissed as the appellant died during the pendency of the appeal.

The Board found that the appellant's discharge from service was under conditions other than honorable due to willful and persistent misconduct, specifically his AWOL period. As a result, his character of discharge serves as a bar to VA benefits.

The Veteran was previously rated as totally disabled for the purpose of TDIU benefits, and his death occurred while he remained entitled to these benefits. The Board finds that the Veteran would have been entitled to TDIU benefits at least as early as October 1992.

The Board found that new and material evidence had not been received to reopen the claim for service connection for the cause of the Veteran's death due to a cause or causes other than the use of tobacco products during service or secondary to nicotine dependence. The Board also determined that the Veteran's death was not attributable to the use of tobacco products during service or secondary to nicotine dependence.

The Veteran's right hand disability, specifically the fourth and fifth metacarpal fractures with deformity of the fifth finger, has been rated at 10 percent since September 2000. The Board found that his current range of motion and grip strength do not warrant a higher rating under either the old or new criteria.

The Board has denied the reopening of the claims for service connection for residuals of an injury to the left side of the body and facial pain, as new and material evidence was not received.

The Veteran's cataracts are being remanded for further development due to the need for dose assessment and consideration of service connection based on radiation exposure.