Other conditions decisions — 2009

The Board denied the Veteran's claims for increased ratings for residuals of encephalitis and cervical spine arthritis, as well as his claim for TDIU.

The Veteran's claim for service connection for chronic pelvic and abdominal pain was denied as she does not have a diagnosed disability.

The Board has granted an initial rating of 60 percent for Raynaud's phenomenon, effective as of the award of service connection. The appellant had a history of ongoing ulcers due to Raynaud's phenomenon.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as the preponderance of the competent medical evidence does not support a finding that his current condition resulted from VA treatment in July 1982.

The Board found that the appellant does not meet the basic eligibility requirements for VA benefits due to a lack of qualifying service in the United States Armed Forces.

The Board denied the appellant's request for an earlier effective date prior to August 3, 2001 for the grant of service connection for the cause of the Veteran's death (DIC benefits), finding that the law does not allow such a retroactive assignment.

The Board found that the appellant and the Veteran were never legally separated or divorced, and thus she is not recognized as his surviving spouse for VA benefits.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that while they were legally married at the time of his death, there was no continuous cohabitation and thus the appellant is not the Veteran's surviving spouse for VA purposes.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she did not meet the legal requirements to be considered a surviving spouse.

The Veteran's adenocarcinoma of the jejunum was not found to be related to his service or herbicide exposure, and thus denied.

The Board found that the Veteran's death was not caused by a service-connected disability, and there is no evidence of herbicide exposure-related conditions. The claim for service connection for the cause of death is denied.

The Veteran's death was not caused by VA medical care, and the Board finds no evidence of wrongdoing or negligence on the part of the VA. The cause of death was liver cancer that developed after the Veteran's final hospitalization.

The Veteran's claim for compensation under 38 U.S.C. § 1151 due to VA medical treatment is being remanded for further development and examination.

The Veteran's claims for service connection for bilateral hand and left foot disorders are being remanded due to the need for additional development, including obtaining medical records and providing an opinion from a VA examiner.

The Board has granted an effective date of December 27, 2002 for a 30 percent rating for the Veteran's service-connected adjustment disorder with mixed emotional features.

The Board has remanded the case due to insufficient evidence regarding medical expenses paid by the Veteran.

The Veteran's cause of death was listed as recurrent aspiration pneumonia due to end stage vascular dementia. The Board found that the preponderance of evidence is against a finding that his service-connected conditions caused or contributed substantially or materially to his death.

The Veteran's oral lichen planus is currently rated at 10 percent, and the Board finds that a higher evaluation is not warranted.

The Board has determined that the Veteran's claim for service connection for residuals of shell fragment wounds to the left arm cannot be reopened as there is no new and material evidence presented.

The Veteran's appeal has been withdrawn prior to a decision being made.