Other conditions decisions — 2009

The appellant's deceased spouse is not eligible for VA death benefits based on the service provided, as there is no evidence of qualifying service in the U.S. Armed Forces.

The veteran's claim for service connection for ocular histoplasmosis was reopened and granted based on new evidence linking the condition to his military service.

The veteran's right lower extremity was found to have more function than would be served by an amputation stump, thus denying special monthly compensation for the loss of use.

The veteran's initial compensable evaluation for residuals of fracture, left great toe was denied as the evidence did not support a moderate disability.

The veteran's right biceps partial muscle rupture is no more than moderate in degree, and an initial rating in excess of 10 percent for this condition was not warranted.

The appeal was denied because the charge against entitlement for an overpayment of DEA benefits, which had been waived, was appropriate.

The appellant's claim for basic eligibility for VA benefits was denied because he did not meet the criteria to be considered a veteran under U.S. law.

The veteran's claim for education benefits under the MGIB-SR program was denied because DoD determined that he did not have a 6-year obligation with the Selected Reserve.

The Board denied service connection for a right index finger disability and residuals of a myocardial infarction, finding that the preexisting conditions did not worsen during active duty or National Guard service.

The Board denied service connection for residuals of a right arm injury due to the lack of evidence showing a current disability and no indication that any such disability is related to active service.

The Board remands the case for a VA examination to determine if the veteran has a current left lung disability related to service.

The veteran was granted a 20 percent evaluation for urethritis from August 25, 2006, and a 40 percent evaluation from that date forward. The decision also granted service connection for erectile dysfunction as secondary to the genitourinary disorder.

The appeal was remanded to the RO for consideration of additional evidence.

The Board grants service connection for the veteran's left and right leg disabilities, to include as secondary to his service-connected left hip capsulitis.

The Board found that the veteran's bowel disorder and sexual dysfunction were not caused or aggravated by his January 30, 1995 VA surgical treatment.

The appeal is remanded for a current examination to assess the severity of the service-connected lung wedge resection and an opinion on the impact of the veteran's service-connected disabilities on her ability to secure and maintain gainful employment.

The veteran was not rated totally disabled for at least 10 years immediately preceding his death, and the appellant does not meet the eligibility requirements for DIC under 38 U.S.C.A. § 1318.

The Board denied a rating higher than 50 percent for adjustment disorder with depressed mood based on the veteran's symptoms not meeting the criteria for a 70 percent rating.

The veteran's claim for an initial rating higher than 10 percent for residuals of a stroke was denied as the evidence did not support a higher rating.

The Board denied the claim for compensation under 38 U.S.C.A. § 1151 as there was no evidence that the veteran's non-Hodgkin's lymphoma resulted from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during his treatment in 1966, nor was it due to an event not reasonably foreseeable.