Other conditions decisions — 2009

The Veteran's disability benefits are not to be apportioned to the Appellant on behalf of his child due to the Veteran reasonably discharging his responsibility for the support of the child through support payments and the Veteran having expenses exceeding his income, resulting in undue hardship.

The Veteran's son, the appellant, is denied VA death benefits as he was not a helpless child at the time of his father's death.

The Board has determined that the Veteran's recurrent syncope is related to his service-connected major depression with psychotic features, and thus grants service connection for this condition.

The Board found that the Veteran's sickle cell-thalassemia was aggravated by his period of active service, and granted his claim for service connection.

The Board denied the Veteran's attempt to reopen his service connection claim for facial hemangioma, finding that new and material evidence did not raise a reasonable possibility of substantiating the claim.

The Board has determined that the Veteran's income exceeds the maximum annual pension rate, thus denying his claim for nonservice-connected pension benefits.

The Veteran's low back disability has been rated at 20 percent since October 2000. The Board found that the condition does not warrant a higher rating as it only manifests moderate lumbosacral strain and limitation of motion, without any incapacitating episodes or other severe manifestations.

The Veteran's appeal is remanded for further development, including an ophthalmologic examination to assess his current visual acuity and determine the cause of any decreased vision.

The Board has determined that the appellant is not the proper claimant for VA death benefits as her marriage to the Veteran was invalid due to a prior legal impediment, and she did not meet all criteria for VA's recognition of an otherwise invalid marriage.

The Veteran's left fifth finger disability has been rated at 10 percent since October 18, 2004. The Board found that the evidence did not support a higher rating prior to this date.

The Board found that there is no medical evidence linking the Veteran's bilateral varicose veins to his service, and thus denied his claim for service connection.

The Board found that the Veteran's skin disorder of the face was not related to service or herbicide exposure, and thus denied his claim for service connection.

The Board found that the Veteran's fatal metastatic hypopharyngeal cancer was not caused by his active service, and thus denied service connection for the cause of death.

The Board has determined that the Veteran's bilateral foot condition and ulcer disorder were not incurred or aggravated by service, and thus denied both claims.

The Board has remanded the case for further development due to issues related to service connection and DIC under 38 U.S.C. § 1318.

The Board has granted an increased rating of 20 percent for the Veteran's right upper arm gunshot wound residuals, Muscle Group III. A separate 10 percent rating was assigned for a tender scar and limitation of motion in the right shoulder.

The Board has remanded the case for further development, including verification of the Veteran's dates of active duty for training and a VA examination to determine if any colon polyps diagnosed during that period had its onset on the period of active duty.

The Veteran's claims for service connection for an acquired psychiatric disorder, a bilateral foot disorder, and a sleep disorder were denied. The Board found that the evidence did not support these claims.

The Board has determined that there is no evidence of a right or left foot injury during service, and the Veteran's current foot conditions are not related to his military service.

The Board found that the Veteran's stomach disorder was not incurred in or aggravated by active duty service and denied his claim for service connection.