Other conditions decisions — 2009

The veteran's service did not meet the requirements for basic eligibility for VA educational assistance under Chapter 30, as she did not serve at least two years of continuous active duty.

The claim for an earlier effective date for additional compensation benefits based on a dependent spouse was denied as the evidence did not support an earlier date than September 28, 2004.

The veteran's service-connected pleural plaques is not manifested by Forced Vital Capacity (FVC) and Diffusion Capacity of the Lung for Carbon Monoxide (DLCO), each greater than 80 percent predicted, with no competent evidence of limited exercise capacity sufficient to warrant a compensable evaluation.

The Board denied the veteran's claim for an initial compensable evaluation for his service-connected pulmonary disability, as the evidence did not support a 10 percent rating.

The case is remanded to consider the applicability of an extraschedular evaluation for the veteran's service-connected residuals of a right hand injury.

The veteran was granted a 60 percent rating for his service-connected aortic stenosis, status post aortic valve replacement with residual mild sinus tachycardia as well as left ventricular hypertrophy from July 2008.

The veteran's PTSD was rated at 50 percent prior to August 21, 2007, and the claim for an increased evaluation on or after that date was denied.

The Board denied service connection for a right eye disability, but granted a 30 percent rating for the veteran's hiatal hernia with reflux esophagitis and history of irritable colon syndrome.

The Board denied service connection for disabilities manifested by muscle twitching, abdominal pain, and tingling in the extremities as there was no evidence of objective signs or symptoms associated with these conditions.

The Board denied the claim for service connection for the cause of the veteran's death, as ischemic cardiomyopathy was not incurred during service or until many years after discharge and is not otherwise etiologically related to service.

The claim for DIC benefits under 38 U.S.C.A. § 1318 was denied because the veteran did not have a service-connected disability rated totally disabling continuously for at least 10 years immediately preceding his death.

The Board finds that the preponderance of the evidence is against the veteran's claim for service connection for spastic paraparesis.

The veteran's initial evaluation for residual symptoms from left thumb metacarpal phalangeal joint fusion was denied as the evidence did not support an increased disability evaluation in excess of 10 percent.

The veteran's left thumb disability was granted service connection based on evidence of a current disability and its relation to an in-service injury.

The veteran does not have a right elbow disability that is related to his military service.

The Board denied service connection for a right knee disorder, diagnosed as medial and lateral meniscal tears, synovitis, and chondromalacia, finding that the evidence did not support a link between the veteran's current knee condition and his military service.

The appellant was not recognized as the surviving spouse of the veteran because there was no evidence that a common law marriage existed between them.

The veteran's service-connected status post small bowel resection was granted a 30 percent rating for the period of appeal due to symptoms including alternating diarrhea and constipation with more or less constant abdominal distress.

The veteran's initial evaluation for right long finger extensor lag was denied as the evidence did not support a higher rating.

The appeal was dismissed due to the veteran's death.