Other conditions decisions — 2009

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking his death to any incident of service.

The Board denied the appellant's claim for nonservice-connected death pension benefits as her decedent spouse did not have qualifying service to meet the requirements for such benefits.

The Veteran's request for vocational rehabilitation services under Chapter 31 of the United States Code has been denied. The case is being remanded to schedule a Travel Board Hearing at the RO in Nashville, Tennessee.

The Veteran's pension benefits were terminated, and the appellant requested apportionment of these benefits for her son. The claim is denied as a matter of law because an apportionment award could not have become effective until after pension benefits had been terminated.

The Board found that the termination of the Veteran's pension benefits effective January 1, 1996 was proper and that the resulting overpayment debt was properly calculated as $9,803.00.

The Veteran's appeal is remanded due to the need for a VA examination and additional medical records. The case will be reconsidered based on the new evidence.

The Board denied the Veteran's claim for service connection for a right eye disability, including as secondary to his service-connected left eye traumatic cataract, finding no relationship between the current condition and service.

The Board has determined that the Veteran's low back disability, diagnosed as degenerative disc disease of the lumbar spine and spondylosis, was aggravated by service. As a result, the claim for service connection is granted.

The Veteran's claim for an increased disability rating for sacroiliac strain was denied by the Board, as he does not have unfavorable ankylosis of his spine and has not been prescribed bed rest by a physician for relief of his back problems.

The Veteran's TDIU claim is being remanded due to the need for a VA examination and consideration of additional service connection claims. The case will be reconsidered after these steps are taken.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and consideration of new evidence.

The Veteran's atrial fibrillation does not meet the criteria for a higher rating than 10 percent, as he has not demonstrated more than four episodes of paroxysmal atrial fibrillation or other supraventricular tachycardia per year documented by ECG or Holter monitor.

The Veteran's death was caused by atherosclerotic cardiovascular disease, which the VA physician opined was related to his service-connected PTSD.

The Veteran's left foot condition is not service-connected, but a separate rating of 30 percent for the service-connected left knee disability on the basis of instability or recurrent subluxation is granted.

The Board found that the appellee demonstrated hardship and entitlement to an apportionment of the veteran's compensation benefits, but concluded that the apportionment did not cause undue hardship for the veteran. The appeal was granted.

The Veteran is seeking compensation under the 38 U.S.C.A. § 1151 for cardio-induced brain injury, including residuals of memory loss, dizziness, altered gait, full body weakness, and fatigue, as a consequence of cardiovascular surgery at a VA facility in July 2004. The case is being remanded to obtain additional medical records and to conduct a VA examination.

The Board finds that the appellant can be recognized as the surviving spouse of the Veteran for purposes of VA benefits, given her continuous relationship with him prior to his death and the absence of evidence of remarriage or living with another person.

The Veteran's service does not meet the legal requirements for nonservice-connected pension benefits as he did not serve in a period of war and his total service time is less than 90 days.

The Board has denied the appellant's request to reopen her claim of service connection for the cause of the Veteran's death, finding that no new and material evidence was received since the last final rating decision in August 1984.

The Board has remanded the case due to the need for additional development, including obtaining VA medical records and private medical records from Kaiser Permanente.