Other conditions decisions — 2009

The Board has determined that the effective date for the grant of DIC benefits is November 20, 2000, as this was the date the appellant's claim was received by the RO. The appellant did not file a timely notice of disagreement within one year after the June 2001 rating decision, making it final.

The Board has determined that the Veteran did not submit new and material evidence to reopen his claim of service connection for arthritis of both hands, which was previously denied in March 1999.

The Board has decided to remand the case due to incomplete medical records and the need for a VA cardiologist's opinion on whether the Veteran's atrial fibrillation is related to his service-connected diabetes.

The Veteran was awarded a 40% disability rating for his lumbosacral spine condition, effective August 2, 2002. He is entitled to additional compensation benefits based on the verified dependency status of his daughter from August 2, 2002 to October [redacted], 2002.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death, entitlement to DIC benefits under 38 U.S.C.A. § 1318, and eligibility for Survivor's and Dependent's Educational Assistance benefits due to lack of legal merit or entitlement under the law.

The Veteran's yearly income from Social Security Administration exceeds the maximum amount set by law for entitlement to nonservice-connected pension benefits.

The Board has determined that the Veteran's left eye cataract and drooping eyelid are not related to his service, including a shrapnel wound near his left eye in 1968. Therefore, service connection for these conditions is denied.

The Board has determined that the submitted evidence is not new and material, thus denying the Veteran's petition to reopen his claim of entitlement to service connection for scoliosis.

The Board denied reimbursement or payment for unauthorized medical treatment provided at Pekin Hospital on March 5, 2005 due to lack of emergency condition and no VA facility being feasibly available.

The Board has determined that the Veteran's interstitial lung disease is not etiologically related to in-service asbestos or coal dust exposure, and thus service connection for this condition cannot be granted.

The Board found that the Veteran's current basal cell carcinoma (BCC) is not related to his military service, including exposure to ionizing radiation. The claim was denied as there was no evidence of a chronic disability resulting from an injury or disease in service.

The Board has granted service connection for a left eye disorder (diplopia) as secondary to the Veteran's service-connected aphakia of the right eye.

The Veteran's daughter A, who is now aged 18, has been granted an apportionment of the incarcerated Veteran's withheld VA compensation benefits over and above his 10 percent rating. The apportionment will be effective from March 14, 2005, through at least her 18th birthday on February [redacted], 2009.

The Board has granted a compensable rating of 10% for the Veteran's status post, right inguinal hernia repair. The condition is manifested by pain and discomfort with lifting or twisting.

The Veteran's claim for nonservice-connected pension benefits is being remanded due to the need for further development of his income and expenses, including medical expense information.

The Board denied the appellant's claim for VA death benefits as her spouse did not have recognized service in the Philippine Commonwealth Army or United States Armed Forces, and therefore does not meet the basic eligibility requirements.

The Board has remanded the case due to incomplete records and the need for a VA examination.

The Veteran's claim for SMC based on need of regular aid and attendance or housebound status is being remanded. Additionally, the claim for service connection for paraplegia with loss of bladder function secondary to a service-connected gunshot wound is also being referred to the RO for further action.

The Board has reopened the claim of entitlement to service connection for bilateral eye disability and granted service connection based on direct evidence showing current glaucoma.

The veteran's hiatal hernia with reflux esophagitis has led to severe health impairment, including frequent vomiting, nausea, dehydration, and acute renal failure. The Board finds that the symptoms warrant a 60% rating.