Other conditions decisions — 2009

The Board found that the appellant had not submitted new and material evidence sufficient to reopen her claim of forfeiture of VA benefits, as her statements were considered to be made in good faith despite being contradictory.

The case is being remanded due to incomplete service personnel records, including the appellant's performance evaluations and information on his nonjudicial punishment. The RO must attempt to obtain these records and allow an appropriate period for response.

The Veteran's appeal for service connection for a dental disorder for VA compensation and outpatient treatment purposes is denied as there is no evidence of a current disability.

The Board has decided to remand the case for additional development, including verifying the Veteran's service dates and obtaining medical records from relevant sources.

The Board found that the Veteran's service treatment records were lost and presumed destroyed, making it impossible to establish a connection between his macular degeneration and his military service. The claim for service connection was denied.

The Board finds that the evidence does not support a finding of service connection for a cognitive disorder or a disability manifested by left-sided incoordination and weakness, including as secondary to service-connected residuals of a 2004 closed head injury.

The Board has determined that the reduction of the Veteran's service-connected disability compensation due to incarceration was improper and has ordered restoration of benefits from January 16, 2007 to February 11, 2007. The reduction itself is considered proper starting from February 12, 2007.

The Veteran's unauthorized medical treatment from March 14 to March 17, 2006 is approved as the VA facilities were not feasibly available and an attempt to use them beforehand would not have been reasonable.

The appellant seeks accrued benefits based on a claim of clear and unmistakable error in the assignment of an August 18, 2003 effective date in the Veteran's November 2004 rating action. The Board finds no legal merit to this claim as there was no pending claim at the time of the Veteran's death.

The Board denied the claim for service connection for cause of death, finding that there was no evidence of coronary artery disease during or within one year after service.

The Veteran died in July 2007 and was not entitled to VA burial or plot interment allowances due to lack of service-connected disability, no pending claims for benefits, and the body being held by a private cemetery.

The Board found that the Veteran's low back disorder was not incurred in active service and denied his claim for service connection.

The Board has determined that there is no medical evidence or opinion linking the Veteran's current pulmonary/respiratory disorder to his military service, and thus denied the claim for service connection.

The Veteran's claim for nonservice-connected disability pension benefits is denied as he did not serve during a period of war.

The Veteran's varicose veins of the left and right legs are currently rated at 20 percent each. The Board finds that these ratings adequately reflect the severity of his service-connected disabilities.

The Board has remanded the case for further development due to conflicting medical opinions and unclear service records. The Veteran's cause of death is under review, as well as his eligibility for Dependents' Educational Assistance.

The Veteran's service connection for chronic fibrocystic breast disease is granted. Service connection for chronic bladder disorder to include urinary incontinence is denied.

The Board has remanded the case due to a lack of VA examination, and the Veteran is requested to undergo an appropriate VA psychiatric examination.

The Board has determined that a rating of 60 percent is warranted for the Veteran's service-connected digestive disorders from January 31, 2002 to May 20, 2003.

The Board has determined that the Veteran's current heart murmur is not related to his time in service and therefore denied his claim for service connection.