Other conditions decisions — 2009

The appellant is the child of a Vietnam veteran who has spina bifida occulta, but not spina bifida. The Board finds that she does not meet the criteria for benefits under 38 U.S.C.A. § 1805.

The Board has remanded the case for further development, including obtaining SSA records and a VA examination to address the presumption of soundness aspect of this claim.

The Board has denied the appellant's claim for service connection for the cause of the Veteran's death, finding that the Veteran did not meet the legal requirements to be considered a 'deceased veteran' under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran's claim for an earlier effective date for non-service-connected pension benefits is granted, with the effective date set at June 17, 2002. The decision was based on evidence showing that the Veteran filed his application for pension benefits on June 17, 2002.

The Board denied the Veteran's claim of clear and unmistakable error (CUE) in the August 1986 rating decision, finding that no CUE was established. The Board also determined that an earlier effective date for service connection for narcolepsy is not warranted as there were no pending claims prior to June 1, 1995.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Veteran's service-connected patellofemoral syndrome of the right knee is currently rated at 10 percent prior to October 1, 2007. The claim for a higher initial disability rating has been denied.

The Veteran has submitted a timely substantive appeal regarding the issue of whether new and material evidence has been submitted to reopen his claim for service connection for carcinoma of the throat. The case is remanded to clarify if he still desires a hearing before the Board.

The Veteran's service-connected right great toe disability is currently rated at 10 percent, effective August 26, 2003. The Board finds that the evidence does not support a higher rating for this condition.

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

The Veteran's claims for service connection and a total disability rating based on individual unemployability are being remanded due to the need for further development.

The Board has remanded the case due to the appellant's failure to appear for a scheduled hearing, and now requests another hearing.

The Veteran's claim for service connection for soft tissue sarcoma, claimed as secondary to herbicide exposure, was previously denied in 1998 due to lack of evidence of the condition. The Board is remanding the case to provide proper VCAA notice and to consider reopening the claim.

The Veteran's aortic insufficiency with mitral regurgitation does not result in a workload greater than 7 METs but not greater than 10 METs or require continuous medication, thus preventing him from receiving a compensable disability rating.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for service connection for asbestos-related lung disease. The case is REMANDED for a new VA opinion.

The Veteran's claim for service connection for residuals of a leg burn is being remanded due to the need for a VA examination.

The Veteran's claim for nonservice-connected pension was denied due to a lack of 90 days of active service during a period of war. The Board is remanding the case for further development and consideration.

The Veteran's neck cancer was not related to service and denied. His colon cancer, which is a presumptive disability under VA regulations, was granted with a 0% rating. The claim for reopening the Meniere's syndrome was also denied.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Board dismissed the appellant's appeal as untimely regarding her claim for legal entitlement to VA death benefits.