Other conditions decisions — 2009

The Veteran's claim for service connection for a hernia was denied as there is no current diagnosis of a hernia and the Board found that the pre-existing condition did not worsen during service.

The Board found that the appellant's other than honorable discharge from military service is a bar to VA benefits, as his offenses were willful and persistent.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for VA death benefits due to a lack of continuous cohabitation from the date of marriage to the date of the Veteran's death.

The Veteran's somatization disorder was rated at 30 percent effective October 10, 2001. The claim for a higher evaluation prior to that date is denied.

The Veteran seeks effective dates prior to the initial awards of service connection for various conditions, but the Board finds that some claims are not about service connection at all and thus cannot be granted earlier effective dates.

The Board has determined that the appellant's request for waiver of recovery of an overpayment of compensation benefits was timely filed, and thus grants in full this issue.

The Veteran's claim for a higher disability rating is denied as the law does not allow payment of VA disability compensation at a rate greater than 10 percent while he is incarcerated for more than 60 days due to a felony conviction.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for VA death benefits due to inconsistencies in her statements regarding her marriage and divorce.

The Board has remanded the case due to new evidence and incomplete notice provision, requiring further development and readjudication.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no evidence that the surgeries performed by VA caused his current gastrointestinal symptoms.

The Board has ordered the VA to obtain hospitalization records from the Biloxi VA Medical Facility for a period after September 19, 2005. The Veteran died of an unspecified cause and the AMC/RO will review these records to determine if service connection can be granted.

The Board has determined that the appellant should be recognized as the Veteran's surviving spouse for the purpose of Department of Veterans Affairs death benefits, given the evidence in equipoise regarding continuous cohabitation at the time of his death.

The Veteran's spouse was not eligible for CHAMPVA benefits from April 1, 2002 through June 30, 2005 due to her failure to enroll in Medicare Part B by July 1, 2005.

The appeal is being remanded to the RO for scheduling a travel board hearing at the St. Petersburg RO.

The Board granted service connection for ulnar nerve deficit of the right hand secondary to right elbow disability and increased the evaluation of right elbow degenerative joint disease from 30 percent to 40 percent effective October 7, 2008. The claim for migraine headaches was also granted at a 30 percent rating.

The Board has determined that the appellant is not entitled to continuation of an apportionment of the Veteran's VA compensation benefits due to the dissolution of their marriage.

The Veteran's post-operative bladder transistional cell carcinoma residuals, including bladder resection and an ileal conduit urinary diversion, are granted as secondary to his presumed Agent Orange exposure during service in the Republic of Vietnam.

The Board has remanded the case due to the need for a VA examination and opinion regarding whether the appellant's bilateral adhesive capsulitis is related to service-connected diabetes mellitus or inservice herbicide exposure.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound is remanded due to insufficient evidence regarding his ability to care for himself.

The Veteran's claim for an increased rating for his thoracic spine disability is being remanded due to the need for a videoconference hearing.