Other conditions decisions — 2009

The Board determined that the appellant's discharge from active military service was under other than honorable conditions due to willful and persistent misconduct, which serves as a bar to VA benefits.

The evidence does not support a finding that the Veteran's macular hole of the left eye was incurred or aggravated during service, and there is no competent medical evidence linking it to his service.

The Veteran is seeking service connection for a left leg amputation, which he claims occurred during active duty. The case has been remanded due to the need for additional records and further investigation.

Effective from February 9, 2009, the Veteran's residuals of right humerus fracture are manifested by symptoms that more nearly approximate abduction limited to midway between the side and shoulder level with pain based on functional use; limitation of right arm motion prior to February 9, 2009 is not shown. The criteria for a 30 percent rating have been met.

The Board finds that the Veteran's income is below the maximum annual pension rate for a Veteran with a dependent spouse, and thus he is legally entitled to nonservice-connected pension benefits during the 12-month period from August 2005 to September 2006.

The Veteran's appeal is being remanded for a Travel Board hearing in accordance with his request.

The Board is remanding the case for additional development, including obtaining private treatment records and Social Security Administration (SSA) records. The claims on appeal will be readjudicated after these actions.

The appellant is contesting the effective date assigned to the DIC award. The RO should ask the appellant to submit any other records concerning the claim for benefits in 1986 that she may have in her possession and copies of all claims filed in 1986 and any other correspondence from the RO concerning the 1986 claim.

The Veteran's bone spur of the dorsal aspect of the right foot is being remanded for further examination and opinion regarding its relationship to his service-connected bilateral hallux valgus.

The Veteran's left hip disorder is being remanded for a new VA examination to determine if it is related to his service-connected low back disorder.

The appellant withdrew the appeal as to the issues of death pension benefits and accrued benefits. The case is dismissed.

The Board has determined that the appellant may not be recognized as the surviving spouse of the Veteran for VA death pension benefits purposes due to her remarriage after a divorce and lack of legal annulment or void marriage.

The Board has remanded the case for additional development, including sending a VCAA notice and obtaining a medical opinion regarding whether the Veteran's service-connected disabilities contributed to his death.

The Veteran's claim for a compensable disability rating for service-connected syphilis is being remanded due to the need for additional examinations and testing.

The Veteran's claims for service connection for gastrointestinal and hiatal hernia disabilities, as well as her requests for increased evaluations for her knee disabilities and a temporary total disability rating, were all denied by the Board.

The Veteran's private medical care for urinary retention was not authorized in advance by VA and a VA facility was feasibly available at the time of the treatment. Therefore, payment or reimbursement is denied.

The Board denied the appellant's claim for basic eligibility for VA death benefits, finding that her husband did not have verified service in the U.S. Armed Forces and thus she is not eligible.

The Board has reopened the claim for compensation under 38 U.S.C.A. § 1151 due to new evidence showing a connection between the Veteran's constricted visual fields and Lithium toxicity, but finds that this condition was not caused by VA care or treatment.

The Veteran's claim for a waiver of overpayment of VA educational benefits is being remanded due to missing service verification, incomplete correspondence from Concord University and the Debt Management Center, and the need to obtain copies of relevant documents.

The Veteran's appeal is being remanded due to the need to develop and adjudicate a newly raised claim of entitlement to VA compensation under 38 U.S.C.A. § 1151 for residuals of a staph infection suffered in connection with a surgical procedure at the Salt Lake City VA Medical Center.