Other conditions decisions — 2009

The Board denied the appellant's claim for an earlier effective date of April 1, 1987 for the grant of service connection for the cause of the Veteran's death.

The Board denied the Veteran's claims for service connection for a skin disorder, including to the right thigh and including an inguinal cyst. The Veteran also had unsuccessful attempts at obtaining increased ratings for his chronic pain disorder with major depression and lumbar spine disability, as well as seeking an earlier effective date for his lumbar spine disability.

The Veteran's surviving spouse was denied death pension benefits due to exceeding the maximum annual income for such benefits.

The Board has granted service connection for the Veteran's misaligned bite, finding that it is etiologically related to service. The issue of eligibility for outpatient dental treatment remains pending and requires further development.

The Board determined that the Veteran's death was caused by his own willful misconduct and not due to service, but found the Navy's findings inconsistent with VA regulations. The decision granted the claim for DIC benefits.

The Board has reopened the Veteran's claim for service connection for a skin disorder of the feet due to new and material evidence. The Board also found that there is sufficient evidence to support a finding that the current skin disorder of the feet was incurred during active military service.

The Board found that the Veteran's current left eye condition was not incurred in service and denied his claim for service connection.

The Board denied the appellant's claim for payment of his private medical expenses incurred on August 7, 2005, due to lack of prior authorization and because VA facilities were feasibly available.

The Board has determined that the appellant may be recognized as the Veteran's surviving spouse for the purpose of receiving death benefits.

The Veteran's claim for an increased disability rating and earlier effective date for service-connected chronic right epididymitis was denied. The current disability rating of 20 percent is maintained.

The Board denied the appellant's application to reopen his claim for VA disability benefits due to a lack of verified military service, as no evidence from U.S. service departments was provided.

The Board has determined that the Veteran's timely substantive appeal was filed, allowing for further adjudication of his claim for service connection for a bilateral eye disability.

The Veteran's income exceeds the maximum pension rate, and his net worth is such that it is reasonable to assume a part of his estate could be consumed for maintenance. Therefore, the claim for nonservice-connected disability pension with aid and attendance or housebound benefits is denied.

The Veteran's claims for service connection for COPD and a sinus disorder are being remanded due to the unavailability of his service medical records. The VA is required to search for alternative sources of evidence, including from alternate healthcare providers or private medical records.

The Board has denied the veteran's claim for nonservice-connected death pension benefits, concluding that the appellant is not recognized as his surviving spouse due to a lack of verification regarding her prior marriages.

The Board has remanded the case due to inadequate notice and other procedural issues, including a need for proper notification of new and material evidence requirements.

The Board has remanded the case due to the need for additional records and notification regarding how to establish entitlement to compensation under 38 U.S.C.A. § 1151 for the cause of the Veteran's death.

The Veteran's claim for an earlier effective date for the grant of service connection for Crohn's disease with small bowel resection and removal of gall bladder is denied as the March 1984 rating decision was not clearly and unmistakably erroneous.

The Board found that the Veteran's right inguinal herniorrhaphy does not meet the criteria for a higher disability rating, as he does not have a recurrent post-operative hernia or an unoperated irremediable hernia that is well supported by a truss or readily reducible. The current 10% rating adequately addresses his symptoms of right groin pain.

The Veteran's appeal for an earlier effective date for the award of a TDIU is dismissed because it was not filed within one year of the initial decision and does not allege clear and unmistakable error (CUE).