Other conditions decisions — 2009

The Veteran's right hand fifth metacarpal fracture is currently rated at 10 percent, the maximum available under Diagnostic Code 5230 for limitation of motion of a little finger. The appeal regarding the left hand middle finger fracture is addressed in the REMAND portion.

The Veteran's claims for increased evaluation, service connection for chronic skin disorder (claimed as pemphigus vulgaris vegitans), Type II diabetes mellitus, hypertension, and cerebrovascular accident were denied. The claim for service connection for a chronic skin disorder was not reopened due to lack of new and material evidence.

The Veteran's wife, G., argues that he was incompetent to handle his funds at the time of their marriage and should not be penalized for failing to report the marriage earlier. However, there is no evidence supporting this claim. The Board finds that an effective date prior to February 1, 2003 for payment of an additional dependency allowance for a spouse cannot be granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting another examination of his feet.

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to DIC, thus denying the petition.

The Board has ordered the RO to ascertain if copies of requests for income verification and notification exist, and then adjudicate the validity of the debt creation. The case will be returned to the Board after this is done.

The Board denied the Appellant's claim to be recognized as the Veteran's surviving spouse for death benefits, finding that they were not legally married at the time of the Veteran's death.

The Board has decided to remand the case for further development, including a VA examination to determine the etiology of the Veteran's bilateral elbow disability.

The Veteran died from a heart attack. The Appellant seeks accrued benefits, including an earlier effective date for the grant of a total disability compensation rating based on individual unemployability. However, there was no pending claim at the time of the Veteran's death and the appeal is denied.

The Veteran's post-operative residuals of septoplasty with bilateral inferior turbinectomies did not meet the criteria for a compensable evaluation prior to January 13, 2009. For the period on and after January 13, 2009, he received the maximum schedular evaluation.

The Veteran's case was denied because he did not meet the eligibility requirements for Chapter 30 educational benefits due to insufficient service, and his discharge was not for a qualifying reason.

The Veteran has chondromalacia and osteoarthrosis of the left knee that are likely attributable to his active military service, warranting service connection.

The Veteran is seeking separate compensable evaluations for surgical residuals of Crohn's Disease, currently rated as 100 percent disabling. The case is being remanded to determine if the resection of his large intestine should be considered a different disability from his service-connected Crohn's Disease with coloproctectomy and ileostomy.

The Board denied the appellant's claims for non-service-connected death pension benefits and service connection for the cause of the Veteran's death due to lack of active military service, as well as failure to provide proper notice and assistance.

The appellant's request for an extension of his delimiting date beyond May 11, 2007 for educational assistance benefits under Chapter 35 was denied as there is no legal basis for such an extension.

The Board has determined that the Appellant is not eligible for death benefits administered by VA as she does not meet the legal definition of a child under VA regulations.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no medical evidence linking the cause of death to active military service or any service-connected disability.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at Rochester General Hospital from March 29, 2007 to March 30, 2007 is denied because the treatment provided was not for a condition that required immediate medical attention.

The Veteran's death did not qualify the appellant for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to her reaching age 26 before a permanent total service-connected disability was established.

The Veteran's application for VA educational assistance under the Montgomery GI Bill was denied as he did not meet the eligibility requirements due to insufficient active duty service.