Other conditions decisions — 2009

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she was not legally married to him at the time of his death and had not maintained a valid marital relationship with him since their divorce in May 1991.

The Board found no current diagnosis of otitis media of the left ear and denied service connection for this condition.

The Board found no evidence of a current nose disability that had its onset during service or is related to disease or injury in service. Therefore, the claim for service connection for a nose disability was denied.

The Board denied the Veteran's claim for service connection for a pterygium of the right cornea, finding no evidence linking his current condition to his military service.

The Board denied the appellant's claims to use unreimbursed medical expenses for calendar years 2004 and 2005 to reduce her countable income for VA death pension benefits awarded effective January 22, 2006. The appellant also did not meet the criteria for exclusion of unreimbursed medical expenses from income for the 12-month annualization period beginning January 22, 2006.

The Board has dismissed the appeal due to the Veteran's death, as the claim does not survive their deaths.

The Veteran's spouse predeceased him, and the appellant is his adult daughter. The VA granted a burial allowance of $600 and reimbursement for $4,587.49 of accrued benefits for funeral expenses. The claim for additional reimbursement of non-medical expenses was denied.

The Board has determined that the Veteran's perianal disorder, to include anal abscesses, was not incurred in or aggravated by active military service.

The Board finds that the Veteran's herpes is related to his active duty service and grants service connection for herpes.

The Board has determined that the current medical evidence is insufficient to decide the claim for service connection, and a new VA examination is needed.

The Veteran's granddaughter/adopted daughter applied for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. The Board denied the claim as she does not qualify as a dependent child of the Veteran for VA purposes.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for VA death benefits due to her remarriage and subsequent divorce, finding that she is not eligible based on applicable law.

The Veteran's claim for increased evaluation of herpes simplex virus was granted, and service connection for left ankle disorder, sinusitis, right wrist disorder, residuals of a tear of the right ACL and medial plica with postoperative patellofemoral syndrome, left infrapatellar contusion with chondromalacia, bilateral hearing loss, and low back disorder were also granted. The effective date was not specified.

The Board denied service connection for chest pain, concluding that the Veteran's complaints during service were acute and transitory, not chronic, and there was no linkage between his current cardiac disability and his military service.

The Veteran's service-connected residuals of a fracture of the dorsal/thoracic spine with traumatic arthritis are currently rated at 20 percent, but there is no evidence of functional impairment or incapacitating episodes. The claim for an increased rating has been denied.

The Veteran's service-connected dental trauma did not result in loss of all lower teeth, but caused difficulty in replacing the lost masticatory surface with a suitable prosthesis due to bone loss from the trauma. The Board granted an evaluation of 30 percent for dental disability.

The Veteran's complaints of dizziness were not associated with a chronic disorder during or since military service, and the Board found no evidence linking current symptoms to his in-service complaints. Therefore, service connection for dizziness was denied.

The Veteran's claim for service connection for basal cell carcinoma is being remanded due to the need for additional information regarding his sun exposure history during his period of active military service from July 3 to August 15, 1945. The case will be readjudicated after obtaining this information.

The Board has determined that the veteran's residuals of pyoderma had their onset in service and is granted service connection for this condition. The prostate disability was also found to have its onset during service, leading to a grant of service connection.

The Veteran seeks service connection for a skin disability, which he claims is related to his exposure to herbicides in Vietnam. The Board has determined that additional development is needed due to the lack of medical evidence regarding the relationship between the current skin condition and military service.