Other conditions decisions — 2009

The Board has determined that new and material evidence has not been received to reopen the appellant's claim for recognition as the surviving spouse of the Veteran, thus denying her request.

The Board has denied the Veteran's claims to reopen his service connection claims for residuals of a back injury and residuals of a right eyelid Meiobian gland occlusion, finding that new and material evidence was not received to support these claims.

The Veteran's left foot disability, manifested by pain and limited range of motion, is currently rated at 10 percent. The Board has determined that a higher rating of 20 percent is warranted based on the severity of her symptoms.

The Board denied the appellant's claims to reopen her DIC and death pension benefits as a surviving spouse, finding that no new and material evidence had been submitted.

The Veteran's appeal has been withdrawn and dismissed as he is satisfied with the assigned rating.

The Board found that the cause of death (metastatic parotid carcinoma) was not related to service or herbicide exposure, and thus denied the claim for service connection.

The Board has determined that the March 1946 and May 1986 rating decisions denying service connection for eye conditions are final based on the evidence then of record. The Veteran's claim for an earlier effective date is denied as there was no prior filed claim that did not become final.

The Veteran's death is being reviewed for compensation as the cause of his death was pneumonia secondary to metastasized cancers, which are in turn linked to Agent Orange exposure. The case is remanded due to insufficient evidence regarding the etiology of the vertebral cancer.

The Board finds that the Appellant was not permanently incapable of self-support at the time of his eighteenth birthday, and therefore does not qualify as the Veteran's helpless child for purposes of the benefits sought.

The Veteran's right inguinal hernia repair is currently rated as 10 percent disabling. The VA determined that the current evaluation adequately addresses his subjective complaints in the absence of a finding of a recurrent hernia.

The Board has determined that the appellant is entitled to recognition as a surviving spouse for VA compensation purposes, based on her common law marriage with the Veteran and her subsequent cohabitation.

The Board has denied the Veteran's claim of entitlement to service connection for bilateral chorioretinitis as new and material evidence was not submitted.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's claim of service connection for residuals of a cerebrovascular accident (stroke) is pending.

The Veteran's gastritis with reflux is found to be related to his active service, while the residuals of a hernia are not considered as being incurred during or aggravated by service.

The Board has remanded the case due to inadequate VCAA notice regarding the reopening of the Veteran's service connection claim for cause of death.

The Board has reopened the claim for service connection due to new evidence showing that the Veteran's pre-existing right hand disability was aggravated by his military service. Service connection is granted.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and dependency and indemnity compensation under 38 U.S.C.A. § 1318, finding that there was no evidence linking the fatal conditions to service or service-connected disabilities.

The Veteran's left hip disorder, manifested by limitation of flexion to 90 degrees and abduction to 25 degrees with pain, does not meet the criteria for a disability rating in excess of 10 percent.

The Veteran's claim for an increased rating for his right testicle disability is being remanded due to the submission of additional evidence and the need to obtain service treatment records from a period of active duty.

The Veteran's adjustment disorder with depressed mood and migraine headaches were granted initial disability ratings. The service-connected anticardiolipin syndrome was not granted a higher rating.