Other conditions decisions — 2009

The appeal was dismissed due to the Veteran's death during the pendency of the claim.

The appeal is remanded to the RO for further development and readjudication of the Veteran's request for a waiver of an overpayment of non-service-connected pension benefits.

The veteran's claim for service connection for manic depressive reaction was reopened based on new and material evidence, but the evidence is still insufficient to show that his condition was incurred in or aggravated by military service.

The appeal was dismissed as the issue of whether new and material evidence has been received to reopen a claim for basic eligibility for nonservice-connected death pension benefits is moot due to the grant of service connection for the cause of the Veteran's death.

The Veteran is not eligible for reimbursement or payment of unauthorized medical expenses incurred at a private facility on October 22, 2005, as the services were not rendered in an emergency situation and other VA facilities were feasibly available.

The Board found that new and material evidence had not been received to reopen the claim of entitlement to service connection for varicose veins.

The appeal is remanded to the RO for further development and adjudication of the Veteran's claim for a total disability rating based on individual unemployability (TDIU).

The Board finds that the evidence is in relative equipoise and grants service connection for the cause of the Veteran's death, attributing it to chronic liver disease due to hepatitis A and B exposure during service.

The Veteran's bilateral foot pain was not incurred or aggravated in service and may not be presumed to have been incurred in service. The criteria for a rating higher than 10 percent for a low back disability have not been met, but separate evaluations for neurological manifestations of the low back disability in both lower extremities have been granted.

The Veteran's service-connected Raynaud's Syndrome was granted a rating of 40 percent, as the evidence showed characteristic attacks occurring at least daily.

The appellant is not eligible for VA death benefits due to the absence of qualifying military service by her father.

The appeal is remanded to the RO for further development and adjudication of the issues related to spouse status, accrued benefits based on a pending claim for nonservice-connected pension benefits, and nonservice-connected burial benefits.

The appeal is being remanded to obtain additional evidence regarding the Veteran's possible asbestos exposure and other relevant records.

The Board dismissed the appeal for a total disability rating due to individual unemployability (TDIU) prior to July 31, 1991.

The appeal was withdrawn by the appellant, and the Board has no jurisdiction to review it.

The basic eligibility criteria for DEA benefits under Chapter 35, Title 38, United States Code have not been met.

The veteran's claims for increased evaluation, earlier effective date, and service connection for right hand arthritis and left hand condition were denied.

The veteran's claim for an initial rating in excess of 10 percent for residuals of a right foot bunionectomy is being remanded for further development.

The veteran's eligibility for enrollment in the VA healthcare system was denied as he did not meet the minimum active duty requirements.

The Board denied the veteran's claim for service connection for vision problems with implanted contact lens, including as a result of exposure to Agent Orange, finding no evidence of a disease or injury within the meaning of applicable legislation and noting a significant gap in treatment.