Other conditions decisions — 2009

The June 1985 rating decision denying service connection for aortic insufficiency should be reversed due to clear and unmistakable error (CUE), as the RO's determination that there was no indication of aortic insufficiency in service was factually erroneous. The outcome would have been manifestly different had this error not been made.

The claim for VA death benefits based on recognition of the appellant as the Veteran's surviving spouse must be denied by operation of law.

The Board determined that the appellant had forfeited her right to VA benefits except insurance due to fraud, and new evidence submitted was not sufficient to reopen the claim.

The claimant's daughter was denied help as a helpless child because she did not meet the criteria for permanent incapacity of self-support before reaching 18 years old.

The Board found that an increase in the apportionment of the veteran's VA compensation benefits from $166.00 to $350.00 per month was proper, as it would provide adequate support for the appellee and not cause undue hardship to the veteran.

The Board denied the appeal for an earlier effective date for additional compensation for a dependant spouse, as the required evidence of dependency was not received by VA until March 10, 2006.

The appellant was denied recognition as the surviving spouse of the veteran for VA Death Pension purposes because she knew about the legal impediment to a lawful marriage.

The appeal was denied because new and material evidence had not been submitted to reopen the claim for service connection for the cause of the Veteran's death.

The Board denied service connection for residuals of malaria as there is no evidence that the Veteran was treated for or diagnosed with malaria in service, and he has not been diagnosed with or treated for either a relapse or the residual effects of malaria.

The Board found that the evidence did not support a higher rating for residuals of right nephrectomy or a compensable rating for prostate calcification.

The Board found that the Veteran's death, which was due to a stroke, is not related to his military service and there were no pending claims for benefits at the time of his death.

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

The Veteran is not entitled to vocational rehabilitation training under the provisions of Chapter 31, Title 38, United States Code.

The Board found that the Veteran's death was proximately caused by his own willful misconduct, specifically driving under the influence of alcohol.

The appellant's claim for basic eligibility for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code was denied due to her period of eligibility expiring prior to the submission of her claim.

The Board found that the evidence was in relative equipoise for both the right and left eye disorders, leading to a grant of service connection based on the theory of direct service connection.

The case is remanded to the RO for further development, including obtaining a signed waiver statement from the stepdaughter in favor of the appellant.

The Board finds that the Veteran's polymyositis and myasthenia gravis are proximately due to or the result of her service-connected chronic urticaria.

The case was remanded for the issuance of appropriate VCAA notice to the appellant regarding her claims for service connection for the cause of the veteran's death and DIC benefits.

The Board remands the claims for service connection for residuals of a left femur fracture and nerve disabilities as secondary to residuals of a left femur fracture, as additional development is needed.