Other conditions decisions — 2009

The Board found that a notice of disagreement with the July 2004 administrative decision was timely filed, and remanded the case for issuance of a statement of the case regarding DIC, death pension, and accrued benefits.

The veteran's claim for non-service-connected burial benefits was denied because the application was not received within two years of his burial date.

The Board concluded that the preponderance of the evidence is against a finding that the veteran's disequilibrium was incurred in or aggravated by active military service, nor is it proximately due to or the result of a service-connected disability.

The veteran's claim for individual unemployability (TDIU) was remanded to obtain additional evidence and provide a VA examination.

The Board denied the veteran's application to reopen a claim of entitlement to service connection for multiple joint arthritis, finding that new and material evidence had not been submitted.

The Board found that the preponderance of the evidence is against a finding that a gynecological disorder, manifested by menorrhagia, dysmenorrhea and salpingitis, was incurred in or aggravated by active duty.

The veteran withdrew the appeal for service connection for ulcer disease.

The Board remands the issues of entitlement to increased disability ratings for cold injury residuals of the left and right lower extremities for additional development, including providing Vazquez-Flores notice and scheduling a new VA examination.

The appellant's spouse does not have verified active military service with the United States Armed Forces, making her ineligible for VA benefits.

The claim for benefits under 38 U.S.C.A. § 1815 was denied because the veteran is the father of the child, not the mother, and there is no evidence of a current diagnosis of hypospadias.

The veteran's request for a refund of Chapter 30 Montgomery GI Bill contributions was denied because the funds have been reverted to the Treasury and the Board does not have legal authority to refund them.

The veteran's pre-existing left club foot disorder was not aggravated during active service beyond the natural progress of the disorder.

The appeal is remanded to the RO for additional development and consideration of new evidence.

The case is remanded to the RO for further development and re-adjudication of the issue regarding whether the character of the appellant's discharge from military service constitutes a bar to the payment of VA benefits.

The appeal is remanded to the RO for further development of evidence related to the veteran's claim for service connection for a right eye disability.

The Board denied the veteran's claim for compensation under 38 U.S.C. § 1151 as a result of surgery in June 1998, finding that the additional disability was a foreseeable risk of the surgery for which the veteran provided informed consent.

The veteran's residuals of a right fifth finger tendon graft were rated at 60 percent, and the claim for TDIU was denied.

The veteran's claim for an increased disability rating for his dysthymic disorder with hysterical features was remanded for additional evidence and a medical opinion to determine if the schizophrenia/schizoaffective disorder is a separate disease entity from the dysthymic disorder.

The veteran was not a fugitive felon, and the termination of his VA compensation benefits was improper.

The Board found that the veteran's pulmonary fibrosis, which was related to in-service radiation exposure and contributed substantially or materially to cause his death, is service-connected.