Other conditions decisions — 2009

The Board denied the appellant's claim for special monthly death pension based upon the need of regular aid and attendance or by reason of being housebound, as there was no evidence that she required regular aid and attendance or was substantially confined to her home due to disability.

The veteran does not have PTSD, and therefore service connection for a specific phobia is denied.

The veteran's symptoms of abdominal pain, discomfort, and gastrointestinal distress have not been attributed to a diagnosed disability.

The Board remands the claim for an increased rating for residuals of shell fragment wounds of the left upper extremity to the RO via the Appeals Management Center (AMC) in Washington, DC.

The Board finds the veteran's period of service to be etiologically related to his acute myelogenous leukemia, and acute myelogenous leukemia to be the cause of the veteran's death.

The veteran's widow is not entitled to VA burial benefits as the veteran did not meet any of the legal requirements for such benefits.

The appeal is remanded to the RO for issuance of a statement of the case and development of the veteran's claim for service-connected compensation benefits.

The appellant's military service does not meet the threshold requirements for eligibility for non-service-connected pension benefits.

The appeal is remanded for a new examination to determine the current severity of the veteran's right acromioclavicular joint separation.

The Board denied service connection for a disability manifested by disequilibrium and an initial compensable rating for bilateral hearing loss.

The veteran's claim for an earlier effective date for the 40 percent rating awarded for service-connected spondylolisthesis was denied as it was not factually ascertainable that a 40 percent disability level existed prior to April 1, 2003.

The appeal is remanded for further development, including a new VA examination to assess the current severity of the veteran's lumbar spine disability.

The veteran did not meet the statutory requirements for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, nor was he eligible for nonservice-connected death pension benefits due to his service period.

The appellant does not meet the threshold eligibility requirements for VA nonservice-connected disability pension benefits.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for a skin rash, to include lichen planus, was denied as there is no medical evidence showing that his condition is a proximate result of VA care.

The Board denied an effective date prior to April 20, 2005, for the assignment of a total disability rating based on individual unemployability (TDIU) as there was no evidence that the veteran was unable to obtain or retain substantially gainful employment during the one year period preceding his claim.

The veteran's claim for an extension of the ending date for educational assistance benefits under Chapter 30, beyond November 24, 2004, was denied as he did not meet the criteria for such an extension.

The appeal is remanded for a hearing before a Decision Review Officer (DRO) at the RO.

The veteran's service-connected left Achilles tendon disability more nearly approximates severe foot disability, warranting a 30 percent rating.

The Board remands the case for additional development to ensure compliance with the Veterans Claims Assistance Act of 2000.