Other conditions decisions — 2009

The Board has determined that the Veteran's chronic gastrointestinal disorder, including diverticular disease, chronic diarrhea, and gastrointestinal bleeding, is a direct result of his active service. The evidence supports this finding as it includes current diagnoses, continuity of symptoms since service, and an opinion linking the condition to service without resorting to presumptive or radiation exposure-based criteria.

The Board found that the appellant's claim to reopen his previously denied character of service issue was not supported by new and material evidence, thus denying the reopening of his claim.

The Veteran's post traumatic stress disorder is currently rated at 30 percent since November 5, 2001. The appeal for service connection for polyarthritis and chronic obstructive pulmonary disease was granted.

The Veteran died due to arteriosclerotic cardiovascular disease and Alzheimer's disease. The Board found that neither condition was service-connected, nor did they contribute substantially or materially to the cause of death.

The Veteran's current chronic disability was not proximately caused by the VA treatment, and therefore he is not entitled to compensation under 38 U.S.C. 1151.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the cause of the Veteran's death was not related to his service or any service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death. The accrued benefits claim based on pending lung cancer claim is also denied.

The Board has determined that the Veteran did not meet the basic eligibility requirements for non-service connected pension benefits due to a lack of wartime service.

The Board found that the Veteran's service-connected left inguinal herniorrhaphy did not result in a recurrent hernia, and thus denied an increased rating.

The Veteran is entitled to compensation under 38 U.S.C. § 1151 for additional residuals of a left hemispheric stroke resulting from VA medical treatment in 2004.

The Veteran's claim for an earlier effective date for the award of service connection for fungal infection of the nails/skin disability was granted, with a rating assigned and effective from November 24, 2004.

The Veteran is shown by competent medical evidence to have a degenerative joint disease of both hips that was caused or aggravated by his service-connected bilateral hallux rigidus of the first matacarpophalangeal joint with arthritic changes, status post surgical fusion.

The Board has determined that the Veteran's death was caused by his exposure to benzene during service, and thus service connection for the cause of the Veteran's death is granted.

The appellant is seeking service connection for the cause of her husband's death. The case has been remanded due to the appellant not attending a previously scheduled hearing.

The Veteran's claim for nonservice-connected disability pension was denied because his service did not qualify him under the law, and there is no evidence of qualifying wartime service in the record.

The Board denied the appellant's claim for an extension of her delimiting date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code beyond December 16, 2006. The decision found that she was not prevented from initiating or completing a chosen program of education due to her own physical or mental disability.

The Board is remanding the case to the RO for a Travel Board hearing and further action.

Prior to March 7, 2008, the Veteran's service-connected respiratory disorder did not meet the criteria for a disability evaluation in excess of 30 percent.,From March 7, 2008 forward, the Veteran's respiratory disorder required outpatient oxygen therapy and was granted a 100 percent rating.

The Board denied the appellant's claim for Dependency and Indemnity Compensation (DIC) paid without recoupment of a tort settlement, finding that the offset amount of $250,000 awarded under 38 U.S.C.A. § 1151 against her DIC benefits was proper as per the law.

The Board has determined that the appellant does not have qualifying service for VA benefits and therefore is not eligible for such benefits.