Other conditions decisions — 2009

The Board found that the Veteran's death was not caused by any service-connected condition, and there is no evidence of exposure to herbicide agents or ionizing radiation. The claim for service connection for the cause of death was denied.

The Board found that the Veteran's postoperative left inguinal hernia does not meet the criteria for a higher disability rating, as it is not recurrent and does not require use of a truss.

The Board denied the appellant's claim for nonservice-connected disability pension benefits due to a lack of recognized service. The appellant has submitted additional evidence, but it does not raise a reasonable possibility of substantiating her claim.

The Board has granted service connection for residuals of bilateral inguinal hernias, finding that the Veteran's current disability is related to a 1977 injury incurred during active duty for training (ACDUTRA).

The Veteran's service-connected hallux valgus of the right foot with degenerative changes is manifested by arthritis established by x-ray findings and functional limitation due to pain. The disability does not meet criteria for a higher rating based on incapacitating exacerbations, amputation equivalent severity, or more than 'slight to moderate' severity.

The Board found that the Veteran's skin conditions were not incurred in or aggravated by his active service and denied his claim.

The Veteran's adjustment disorder has been rated at 30 percent since August 4, 2004. The Board found that the symptoms did not warrant a higher rating.

The appellant's claim for accrued benefits based on unreimbursed medical expenses reported after the Veteran's death is denied as there was no evidence in the file at the time of the Veteran's death.

The Veteran's claim for an increased evaluation of his right foot calcaneal fracture was granted, and he is now rated at the maximum schedular rating (40%) for this condition.

The Veteran's service was verified, but the appellant's income exceeded the maximum pension rate. The Board denied payment of an improved death pension.

The Board found no clear and unmistakable error in the June 1981 decision that denied service connection for discoid lupus erythematosus (DLE). The Veteran's DLE was determined to have preexisted his entry into military service, but not permanently aggravated during service.

The Veteran's claim for an increased disability rating for erythema annulare cetrifugum was denied as his condition did not meet the criteria for a higher evaluation.

The Board has determined that the Veteran was not a fugitive felon during the period from January 19, 2005 to February 3, 2005 and therefore his compensation benefits were improperly terminated.

The Board has determined that a VA examination is necessary to determine the nature and etiology of any current sleep disorder, which may be related to service. The Veteran's claim for service connection will be decided based on the evidence of record.

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

The Board denied the appellant's claim for accrued benefits as her application was not filed within one year following the Veteran's death and did not meet the statutory requirement for paying such benefits.

The Board has remanded the case due to the need for additional development, including obtaining all relevant VA treatment records and providing a medical opinion regarding whether the Veteran's service-connected disabilities contributed substantially or materially to his death.

The Board granted the appellant's claim for an effective date of October 1, 1977 for the award of DIC based on service department records showing the Veteran served in Nagasaki during his military service.

The Veteran's claim for an initial compensable evaluation for residuals of transitional cell carcinoma of the bladder is being remanded due to the need for a VA examination to determine if there has been any recurrence or metastasis, and whether there are current voiding dysfunction or renal dysfunction.

The Board has granted service connection for the cause of the Veteran's death, finding that his chronic alcoholism was substantially or materially contributed to by his service-connected right forearm and hand disability. The appeal is therefore granted.