Other conditions decisions — 2009

The Veteran's claim for an increased rating for bilateral otitis media with hearing loss and perforated left ear drum was denied as his condition did not meet the criteria for a higher evaluation.

The Veteran's claim for nonservice connected pension benefits was granted with an effective date of June 14, 2003, based on the liberalizing effects of a law that established presumptive entitlement to veterans aged 65 or older.

The Board granted service connection for the Veteran's current left elbow disability, finding that it was a result of in-service aggravation of a pre-existing childhood left elbow fracture.

The Board found that the December 2000 decision denying accrued benefits was not clearly and unmistakably erroneous, as it was supported by the evidence then of record.

The Board has reopened the claim for service connection for groin rash, but a new C&P examination is needed to determine if the condition was incurred during active military service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no evidence that the allergic reaction to penicillin caused any additional disability or death.

The Board found that the appellant's spouse did not have qualifying service for VA death benefits and denied the claim.

The Veteran's claim for an increased rating for his scar on the right side of the face was denied by the RO. The effective date remains at its current level, which is 10 percent.

The Veteran's application for enrollment in the VA healthcare system was denied due to his placement in priority category 8 and the fact that he applied after January 17, 2003.

The Board has determined that an effective date earlier than April 5, 2006 for the award of service connection for residuals of a head injury with dyssomnia is denied as there was no formal claim or intent to file a claim prior to this date.

The Veteran's service-connected disabilities render him unemployable, and the Board grants a TDIU.

The Board has denied the Veteran's claim for service connection for a duodenal ulcer, finding that there is no competent evidence of a nexus between his current condition and active service.

The Board has denied the appellant's request to reinstate DIC benefits due to her holding herself out as married to S.S-S. since June 2001, despite her previous marriage and the termination of her DIC benefits in June 2001.

The Board found that the Veteran's residuals of a gunshot wound to the right calf are manifested by fatigue and weakness, but do not meet the criteria for an evaluation in excess of 20 percent.

The Board has remanded the case for additional development, including obtaining terminal hospital records and opinions from a cardiovascular disease specialist regarding whether the Veteran's service-connected varicose veins contributed to his death.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities was dismissed as the appellant died during the pendency of the appeal.

The Veteran's service-connected bilateral hip disabilities are primarily manifested by pain and limping with limited hip flexion to no less than 85 degrees and limited abduction to no less than 30 degrees. The criteria for a higher rating under the applicable diagnostic codes have not been met.

The Board denied the veteran's application for VA benefits due to a lack of military service, finding that the National Personnel Records Center (NPRC) did not certify any qualifying service with the United States Armed Forces.

The Board has determined that the appellant's adenocarcinoma of the stomach was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran is seeking an increased rating for his service-connected laceration of the left forearm with involvement of Muscle Group VII. The Board has determined that additional development, including a new VA examination, is needed to properly assess the current severity and nature of his condition.