Other conditions decisions — 2009

The Veteran's claim for accrued benefits has been dismissed due to the death of his spouse, F.L.

The Veteran's claim for an increased rating for his service-connected residuals of a left hemithorax gunshot wound is being remanded due to inadequate medical opinion and the need for additional development, including a VA examination.

The Board found that the Veteran's fatal conditions were not related to his service and denied entitlement to service connection for the cause of death.

The Board found that the appellant's lymphedema was not caused by VA hospitalization and post-surgical care for macromastia, including bilateral simple mastectomies.

The Veteran died due to a cerebrovascular accident and Alzheimer's dementia. The VA determined that neither condition was service-connected or caused by a service-connected condition.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for additional disabilities associated with a surgical procedure performed in September 1983. The Board has remanded the case to obtain an opinion on whether the surgery caused any additional disability of her right foot.

The Board has determined that the Veteran's current nervous disorder is not related to his active service and denied his claim for service connection.

The Veteran's spine disability and left rib resection are rated at the maximum allowed under VA regulations, with numbness from T7 to T10 dermatome not meeting the criteria for a higher rating.

The Veteran's service-connected porphyria cutanea tarda results in recurrent pustules, lesions, and scabbing of the ears, back, hands, forearms, buttocks, and lower extremities, affecting approximately one percent of his body. The Board finds that this does not warrant a higher initial rating.

The Board has remanded the case due to insufficient notice and information provided to the appellant regarding her claim of entitlement to death pension benefits. The appellant needs to be informed about evidence that would show she did not remarry after the Veteran's death or attempt to claim benefits as the widow or common law wife of another man.

The Board denied increased ratings for the service-connected left eye visual defect, finding that the evidence did not warrant a higher rating before April 1, 1946 and from April 1, 1946.

The Veteran seeks service connection for a lung disorder, which he asserts began in service. The Board notes that the medical evidence reveals respiratory problems in service and current diagnosis of a lung disorder. Additional records are needed to support his claim.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that they were divorced at the time of the Veteran's death in June 1999.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for the cause of the Veteran's death. The appellant is seeking to establish a link between her husband's service-connected gunshot wound to the abdomen and his subsequent small bowel obstruction, which led to his death.

The Veteran's service-connected costochondritis pain of the left chest wall is manifested by subjective complaints of pain on breathing and sharp constant pain, triggered by physical activity which affects lifting and bending. The competent evidence shows no more than moderate impairment.

The Veteran's request for waiver of recovery of overpayment was not timely filed, and a waiver may not be granted.

The Veteran's Sjögren's Syndrome, manifested by joint arthralgias and dry eyes, decreased tear film and punctate staining, is rated at 10 percent effective October 10, 2003.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied both the claim for cause of death and DIC benefits under 38 U.S.C. § 1318.

The Veteran's claims for service connection for meralgia paresthetica of the right thigh and urethral cancer are being remanded due to the need for additional development, including medical opinions on the nature and etiology of these conditions.

The Veteran's total hysterectomy due to uterine fibroids is granted as service connection, with the presumption of soundness not rebutted.