Other conditions decisions — 2009

The Board found that the appellant does not have qualifying military service and therefore is not eligible for VA benefits.

The Veteran's claim for an increased evaluation for trigeminal neuralgia was denied as his condition is currently rated at the maximum allowable under the applicable rating criteria.

The Board denied service connection for the cause of the Veteran's death, concluding that there was no evidence linking his cardiovascular disease to service.

The Veteran's appeal is being remanded for additional development due to the inadequacy of a previous VA examination report.

The Board denied service connection for beriberi, dysentery, malaria, and malnutrition as there was no evidence of a diagnosis or treatment during or after service.

The Board found that the Veteran's sleep disorder is not a separate and distinct disability but rather a manifestation of his service-connected generalized anxiety disorder (GAD) with dysthymia, thus denying the claim for service connection.

The Veteran's right knee disability, characterized by chondromalacia and degenerative joint disease, is currently rated at 10 percent. The Board found that the evidence does not support a higher rating as there are no findings of flexion limited to 30 degrees or extension limited to 15 degrees.

The Veteran's right elbow disability, at its worst, is manifested by pain and limited motion. The Board finds that the evidence does not warrant an evaluation in excess of 20 percent.

The Board has remanded the case for additional development, including a VA examination to determine if the current bilateral hammertoe deformity is aggravated by the service-connected residuals of fractures of the left tibia and fibula.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for VA death benefits purposes due to a lack of proof of the Veteran's death.

The Veteran's appeal for special monthly pension benefits based on the need for regular aid and attendance or being housebound has been withdrawn.

The Board denied the claim for recognition of H.J. as a helpless child on the basis of permanent incapacity for self-support before attaining the age of 18 years, finding that the evidence did not show she was permanently incapable of self-support by reason of mental or physical defect prior to her 18th birthday.

The Board denied the claim for compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, as there was no evidence that VA's carelessness, negligence, lack of proper skill, error in judgment or fault proximately caused additional disability.

The Veteran died in October 2000 from a cerebrovascular accident and was buried at sea. The appellant's claim for burial benefits was denied because it was not filed within two years of the Veteran's burial, and the Veteran did not meet any other eligibility criteria.

The Board denied the Veteran's claim for service connection for neurological deficiencies, finding no evidence linking these conditions to his active service or herbicide exposure.

The Board remands the claims for service connection for right eyelid ptosis and tremors to VA for further development, including obtaining a medical opinion on their etiology.

The Board denied the claim for compensation benefits under 38 U.S.C.A. § 1151 for additional disability of the right foot following surgical treatment at a VA medical facility in March 2003, as there was no evidence that the surgery resulted in additional disability.

The Board remands the case for a new VA examination to determine if in-service trauma led to the missing top front tooth.

The Veteran has rashes on his face with blistering and peeling that are as likely as not the result of porphyria cutanea tarda and related to his military service.

The veteran withdrew his appeal, and the Board dismissed the case.