Other conditions decisions — 2009

The Veteran's death did not meet the criteria for nonservice-connected burial benefits as he was not receiving VA compensation or pension, and there were no pending claims at the time of his death.

The Veteran withdrew his appeal for a total disability rating based on individual unemployability (TDIU).

The appeal is remanded for additional evidentiary development, including a search for medical records related to the Veteran's education benefits and VA medical records.

The Veteran was eligible for burial in a national cemetery and was not buried there, thus the appellant is entitled to a plot allowance.

The Board denied the Veteran's claim for service connection for colon cancer and diverticulitis, as there was no evidence to support a finding that these conditions were related to his military service or exposure to herbicides.

The Veteran's partial small bowel obstruction with abdominal adhesions, status post exploratory laparotomy, is granted a 60 percent rating.

The claim for service connection for oral herpes was reopened and the appeal is granted, while the claim for a left leg injury was denied.

The Board denied the Veteran's claim for service connection for multiple sclerosis as there was no competent evidence that he currently suffers from MS.

The appeal was denied as the request for a waiver of recovery of an overpayment of pension benefits in the calculated amount of $12,575.18 was untimely.

The Board remands the Veteran's claim for a total rating based on individual unemployability due to service-connected disability (TDIU) as it is inextricably intertwined with an additional claim of entitlement to service connection for heart disease.

The Veteran's claim of service connection for the residuals of bronchopneumonia was not reopened as new and material evidence was not received.

The appeal was dismissed due to the death of the appellant.

The claim for a rating higher than 30 percent for ulcerative colitis was denied as the evidence did not support a finding of severe ulcerative colitis.

The Board determined that the decedent did not have recognized active service, which means he is not considered a veteran for VA benefits purposes.

The Veteran's service-connected disabilities, including PTSD and a shrapnel injury to the right great toe, do not render him incapable of substantially gainful employment.

The Veteran's pre-existing thoracic scoliosis increased in severity beyond its natural progress during his active military service, resulting in chronic symptoms of thoracic back pain.

The Board finds that the preponderance of the evidence is against the veteran's claim for service connection for a bilateral hip condition.

The appeal is remanded for further evidentiary and procedural development to consider the veteran's financial status, including income projections for 2005 and 2006.

The Board determined that the Veteran's claimed stressors of undergoing rocket and mortar fire are corroborated by the evidence of record, and remanded for further examination to determine if a current psychiatric disorder is related to service.

The Board remands the case to obtain a medical opinion on when the Veteran's medical emergency ended during his hospitalization at Chambersburg Hospital from March 23, 2006 to March 30, 2006.