Other conditions decisions — 2009

The Board has determined that the submitted evidence does not meet the criteria for reopening the Veteran's claim of service connection for varicose veins.

The Veteran is seeking service connection for pressure ulcers of the lower extremities, which he claims are secondary to his service-connected left knee disability. The case has been remanded due to incomplete medical records and a need for further examination.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as the rectourethral fistula with diverting colostomy, cystectomy, and ileal conduit diversion was caused by VA care without his informed consent.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805, finding no support for a grant of benefits due to her Arnold-Chiari malformation and syringomyelia being considered manifestations of spina bifida.

The Veteran's claim for service connection for a vascular condition involving his lower extremities is being remanded due to the need for further development and consideration, including obtaining medical nexus evidence.

The Veteran's income exceeded the maximum annual pension rate for an unmarried Veteran without a dependent child, resulting in denial of non-service connected disability pension.

The Board has determined that the Veteran's net worth is not excessive for the receipt of improved pension benefits, and thus grants his appeal.

The Veteran's left inguinal hernia, status post surgical repair, was not manifested by recurrent hernias or disabling symptoms prior to January 12, 2009. Beginning January 12, 2009, the condition is manifested by tenderness over a left inguinal scar but no evidence of recurrence.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran prior to their ceremonial marriage, finding that there was no evidence of a common law marriage under Alabama law.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran for VA benefits purposes due to her divorce from the Veteran in November 1973 and lack of evidence or argument that they had attempted to remarry each other after their divorce.

The Board has determined that the Veteran's cancer of the lung and neck was not incurred in or aggravated by active duty service, as there is no evidence to support a nexus between his current condition and his military service. The claim for secondary service connection based on exposure to herbicides also fails due to lack of actual exposure.

The Board denied the appellant's claims for service connection for the cause of her husband's death, accrued benefits, and eligibility for non-service-connected death pension. The claim to establish permanent incapacity for self-support was remanded.

The Veteran's claim for an increased evaluation of his service-connected shell fragment wound of the left posterior thigh (Muscle Group XIII) is being remanded due to concerns about a separate evaluation for paralysis of the left sciatic nerve and notification requirements.

The Board denied service connection for fatigue and diarrhea, finding that these conditions are not related to active service but may be due to an undiagnosed illness experienced during the Veteran's service in the Persian Gulf.

The Board denied the Veteran's claim for non-service connected disability pension benefits. The Veteran appealed this decision to the Court, but died while his appeal was pending. As a result, the Court dismissed the appeal and vacated the Board's decision.

The Veteran's degenerative joint disease of the cervical spine has not resulted in moderate limitation of motion, and his disability does not meet criteria for a higher rating.

The Board denied the Veteran's claim for an increased evaluation for his patellar tendonitis of the left knee and did not reopen his previously denied claim for service connection for a right shin condition.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for purposes of establishing entitlement to VA death benefits.

The Board denied the Veteran's claim for service connection for conjunctivitis of the right eye, finding that it was not incurred or aggravated during service and was unrelated to his service-connected pterygium.

The Board has granted service connection for disability manifested by unsteadiness/loss of balance as a residual of the bomb blast experienced during service. The claim for residuals of a body concussion related to the bomb blast is denied.