Other conditions decisions — 2009

The appeal is remanded to obtain a VA medical opinion regarding the cause of the Veteran's death and whether it was related to his service-connected disabilities.

The Board denied the veteran's claim for service connection for nephrotic syndrome, finding no evidence that it was caused by or related to his military service or his service-connected polymyalgia rheumatica.

The Board denied the Veteran's claims for increased ratings and earlier effective dates, finding that the current 60 percent evaluations adequately represented the severity of his dermatologic and musculoskeletal residuals of SAPHO syndrome.

The Board remands the claims for further development, including an opportunity for representation and a VA examination to determine the current diagnosis of any skin condition and its etiology.

The Board denied an increased rating for post-operative residuals, left varicocele, as the evidence did not support a disability rating in excess of 10 percent.

The appellant is recognized as the surviving spouse for purposes of establishing eligibility for VA DIC benefits.

The Board denied service connection for non-Hodgkin's lymphoma (also referred to as CLL) and the cause of the Veteran's death, finding no evidence that the conditions were related to his military service.

The Veteran's right and left tibia fractures are not productive of more than moderate disability, with no evidence of a functional impairment or significant interference with daily activities beyond reduced nature.

The Veteran's claims for service connection for macrocytosis and hypercholesterolemia were denied as there is no current diagnosis of a disability related to these conditions.

The appeal is remanded for initial RO adjudication of the claim for service connection for gout, which is inextricably intertwined with the issue of temporary total evaluation.

The appellant is not entitled to enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2) as the Veteran was not in receipt of a total disability rating for at least eight years prior to his death.

The Veteran's service-connected status post laminectomy secondary to acute disc herniation was rated at 20 percent prior to September 24, 2007, and increased to 40 percent effective December 1, 2007.

The Veteran's left and right foot disorders are each granted a disability rating of 30 percent.

The appeal is remanded for additional development to satisfy VA's obligations under the Veterans Claims Assistance Act of 2000.

The appeal is remanded to the RO for further development of evidence related to the Veteran's claim for an increased rating for chronic gastritis.

The Board remands the claim for further development, including a review of the Veteran's entire claims file and an opinion on whether VA or other government facilities were feasibly available to treat the Veteran.

The appellant's husband was determined not to have had qualifying service, and therefore the appellant does not meet the requirements for basic eligibility for VA benefits.

The Board denied the application to reopen the previously-declared forfeiture of VA benefits, finding that new and material evidence was not presented.

The appeal is remanded to ensure that the Veteran and appellant receive all necessary notices regarding their rights, including representation and hearing rights.

The Veteran's March 2006 substantive appeal of the February 2005 rating decision was not timely.