Other conditions decisions — 2009

The Board found that the reduction of the rating from 40 percent to 20 percent for service-connected chronic peptic ulcer was improper and restored the original 40 percent evaluation effective September 1, 2007.

The Board has remanded the case for further development and consideration of the appellant's request to waive recovery of an overpayment of VA death pension benefits, including the creation of the debt.

The Board has determined that new and material evidence to reopen the appellant's claim for restoration of death benefits has not been submitted, thus denying her application.

The Board denied the appellant's claim as she was not recognized as the Veteran's surviving spouse for VA benefits purposes due to her divorce from the Veteran and remarriage.

The Veteran's child, V., was determined to be a helpless child of the Veteran in 1979. The March 2007 divorce decree terminated his marriage and thus ended his entitlement to death benefits as a helpless child.

The Board has determined that the Veteran's net worth is a bar to receiving pension benefits due to his reported assets. The case is being remanded for further evaluation and clarification of his financial status.

The Veteran presented to the emergency room with left arm weakness on November 8, 2006. The VAMC in Tampa denied payment for services from November 10-17, 2006 due to stabilization by August 2007 and lack of feasibly available VA facility capable of accepting transfer.

The Board found that the appellant's medical conditions do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status. The decision is in favor of granting benefits.

The Board found that the appellant has not fully complied with income and net worth reporting requirements necessary to determine his eligibility for improved pension benefits from March 1, 1997. As a result, the claim was denied.

The Veteran's claims for increased ratings and service connection were denied. The right foot first metacarpophalangeal joint disability is rated at 10 percent, effective September 2003. The thoracolumbar strain was also rated at 0 percent, effective September 2003.

The Board found that the Veteran's pre-existing left eye vision loss did not worsen during service and is a result of natural progression. Therefore, service connection for this condition was denied.

The Board denied the request to reopen a claim for service connection for a gastrointestinal disorder, finding that new and material evidence has not been presented.

The Board found no evidence of a disability manifested by dizziness and fatigue during service, or that such disabilities are directly related to the service-connected post-concussion headaches. Therefore, service connection for these conditions is not warranted.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has ordered additional development due to incomplete medical records for the Veteran's spouse. The case is being remanded to the RO for further action.

The Board dismissed the appeal due to the appellant's death, and thus there is no effective date for service connection.

The Board has granted service connection for atherosclerotic heart disease based on the Veteran's former POW status, which is considered presumptive under VA regulations.

The Board found that the Veteran does not currently have a diagnosed skin disorder and denied service connection for a skin disorder, including as due to Agent Orange exposure.

The Board dismissed the appeal due to the death of the appellant.

The Board has reopened the appellant's claim to be the Veteran's surviving spouse for purposes of death pension benefits. However, the Board found that the appellant is not the Veteran's surviving spouse at the time of his death and denied her claim.