Other conditions decisions — 2009

The veteran withdrew his appeal for service connection for Goodpasture's disease.

The Veteran's treatment at Southeastern Ohio Regional Medical Center was granted as it met the criteria for emergent care and a VA facility was not feasibly available.

The appellant, who is the deceased veteran's son and 47 years old at the time of filing, does not meet the eligibility requirements for accrued benefits as a surviving child.

The appeal is remanded to the RO for issuance of a SOC on the issue of entitlement to an effective date prior to June 11, 2007, for the grant of service connection for bladder neck adenocarcinoma.

The appeal for entitlement to restitution of nonservice-connected disability pension and special monthly compensation benefit payments in the amount of $4,788.00 (US dollars) is denied as a matter of law.

The veteran withdrew his appeal before a decision was made, and he is satisfied with the disability rating he received.

The Board denied service connection for bilateral leg conditions and bilateral knee conditions, as there was no competent evidence of a current disability.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, as there was no evidence to support a causal connection between the Veteran's lung cancer and military service or any incident therein.

The appellant's claim for VA educational assistance benefits under MGIB-SR was denied, and the case is being remanded to verify his eligibility with DoD.

The appeal is remanded to obtain additional evidence and provide an updated VA opinion regarding the Veteran's stomach disorder.

The Board finds that the evidence of record supports an initial rating of 10 percent, but no higher, for residuals of a back injury disability throughout the rating period on appeal.

The Board denied the appellant's claims for service connection for the cause of death and entitlement to DIC under 38 U.S.C. § 1318, finding no new and material evidence to reopen the claim and that the Veteran was not entitled to a total disability rating for at least 5 years prior to his death.

The Board denied the Veteran's claims for service connection for a gastrointestinal disorder and a sleep disorder as there was no competent medical evidence establishing that these conditions were related to his period of active service.

The Board denied the veteran's claim for service connection for residuals of a back injury, finding that there was no chronic disability in service and no evidence linking the current condition to an in-service event.

The case is remanded for further development to clarify the nature of any separation between the appellant and the Veteran, including whether their marriage in June 1981 was valid and if there was mutual consent for a separation without fault on the part of the appellant.

The Veteran was granted a 20 percent evaluation for gout, effective January 1, 2008, based on at least one exacerbation in a well-established diagnosis.

The Board denied the claim for compensation under 38 U.S.C. § 1151 for a right leg disability, as it was not shown that the VA treatment caused additional disability.

The Veteran's service-connected disabilities do not meet the criteria for a grant of TDIU.

The Board found that the competent medical evidence of record did not show a relationship between the Veteran's current depressive disorder and service, or that it was caused by or aggravated by his service-connected hypothyroidism.

The Board remanded the claim for higher rating to the RO, and after completing the requested development, the AMC granted an increased 40 percent rating for duodenal ulcers.