Other conditions decisions — 2009

The Board has determined that the case must be remanded due to inadequate VCAA notice and will need to provide proper notification before readjudicating the claims.

The Board found that the cause of death, acute cor pulmonale due to pulmonary embolus, was not related to service-connected conditions and denied the claim for service connection for the cause of death.

The Veteran withdrew their appeal, citing a settlement with a bankruptcy in 2006.

The appellant's sickle cell anemia and thalassemia were not manifested during service, and the Board finds that they are not related to his military service.

The Veteran's claims for service connection for residuals of right upper quadrant operation, left upper quadrant operation, and fracture of the right little finger have been denied as they are not shown to be related to service. The claim for arthritis of the right hand has also been denied due to lack of evidence showing it manifested within one year of discharge from service.

The Veteran died without having established entitlement to total service-connected disability compensation for at least 10 years prior to his death, thus the claim for DIC under 38 U.S.C.A. § 1318 is denied.

The Board denied the Veteran's claims for service connection for blurred vision and a neck condition, as well as her claim for abscessed teeth. The Board also found that new and material evidence had not been submitted to reopen her claims for back and schizophrenia conditions.

The Board has determined that the submitted evidence is not new and material, thus denying the Veteran's applications to reopen his claims of entitlement to service connection for residuals of a back injury and residuals of a left eye injury.

The Veteran's service connection claim for carcinoma of the prostate was denied as there is no evidence linking the condition to his military service.

The appellant is not recognized as the Veteran's surviving spouse for purposes of receiving VA death benefits due to her remarriage after the age of 57.

The Veteran's tonsil cancer was not found to be related to service or herbicide exposure, and the claim for service connection is denied.

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at the RO.

The Board denied the Veteran's claims for service connection for a bleeding ulcer, prostate disorder, and skin disorder (claimed as rash), all of which were presumed to be due to exposure to herbicides in Vietnam. The evidence did not support these claims.

The Board found that the Veteran's cause of death, pulmonary fibrosis, was not related to service or a service-connected condition.

The Veteran and the appellant were not married for one year prior to his death, as required by Georgia law. The Board found that they did not meet the criteria for recognition as his surviving spouse for entitlement to VA benefits.

The Veteran's service-connected respiratory disability renders him unemployable, and the Board has granted a TDIU based on this condition.

The Veteran's lung disability, claimed as residuals of pneumonia and pulmonary coccidiomycosis, is being remanded for further examination to determine its etiology.

The Veteran's claim for a higher rating for his right knee disability was denied as the current 10 percent rating is the maximum schedular rating under Diagnostic Code 5259, which pertains to removal of semilunar cartilage. The Board found that the Veteran does not meet the criteria for a separate rating based on limitation of flexion.

The Veteran's service-connected dysthymic disorder is manifested by occupational and social impairment, chronic sleep impairment, and mild memory loss. The Board finds that the criteria for a 30 percent rating are met.

The Veteran's claim for an earlier effective date for service connection of chronic lymphocytic leukemia was denied as there was no prior claim filed before October 16, 2003.