Other conditions decisions — 2009

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for a detached retina of the right eye is being remanded to obtain additional evidence.

The veteran's treatment at Halifax Medical Center on November 30, 2006, was not such nature that a prudent layperson could reasonably expect delaying treatment until a VA facility would result in placing the health or bodily functioning of the individual in serious jeopardy.

The appellant, who is 34 years old, does not meet the statutory criteria for eligibility to DEA benefits as a child of the veteran under Chapter 35, Title 38, United States Code.

The Board denied the veteran's claim for service connection for atypical chest pain as there was no evidence to support a finding that it was related to his military service.

The Board found that the veteran's residuals of injuries to the neck, head, and back were not incurred in or aggravated by her active service.

The appeal is remanded to the RO for additional evidentiary development.

The Board denied the veteran's claim for an effective date earlier than November 29, 2001, for a permanent and total disability evaluation for pension purposes.

The Board determined that the appellant's character of discharge, other than honorable conditions, was a statutory bar to VA benefits.

The appeal is remanded for additional development and readjudication of the claim for service connection for the cause of the veteran's death under 38 U.S.C.A. § 1310, as well as adjudication of a separate claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the claims for clear and unmistakable error in previous decisions, as well as the claim for an earlier effective date for service connection for a back disorder.

The claim for service connection for the cause of the veteran's death is dismissed due to the appellant having been granted Dependency and Indemnity Compensation (DIC) benefits under 38 U.S.C.A. § 1318.

The veteran's skin disability was not found to be severe enough to warrant a compensable rating under the applicable criteria.

The appeal is remanded for additional development to ensure compliance with the Board's previous remand instructions.

The Board denied an increased rating for the veteran's right shoulder disability, finding that the evidence did not support a higher rating under the applicable criteria.

The veteran does not meet the criteria for special monthly pension based on the need for regular aid and attendance or being housebound.

The veteran's Crohn's disease was rated at 10 percent, and an increased rating to 20 percent or higher was denied.

The veteran's claim for a rating in excess of 10 percent for lower left quadrant pain, status post-left varicocelectomy, is being remanded to provide additional notice and evidence.

The veteran's inguinal hernia is not currently manifested by a protruding hernia or the need for a truss or belt, and therefore does not warrant a compensable rating.

The Board denied an earlier effective date for the grant of service connection for intertrigo, finding that entitlement arose on February 16, 2004, when the condition was diagnosed.

The veteran requires regular personal care assistance from another person due to his service-connected disability, specifically his respiratory condition and associated dizziness.