Other conditions decisions — 2009

The Veteran's service connection for gastrointestinal disorders and neck strain has been granted, with the gastrointestinal disorder receiving a grant of service connection and the neck strain receiving a 10% rating.

The Board found that the Veteran's pulmonary fibrosis was not caused by service exposure to Agent Orange or asbestos, and thus denied service connection for the cause of death.

The Board has determined that the Veteran's right elbow disability, including post-traumatic arthritis and post-operative residuals of right ulnar nerve transposition, was incurred in active service. The left elbow disability is not shown to be due to or caused by any event during active service.

The Veteran's increased rating for L4-5 intervertebral disc syndrome and the issue of a total disability rating based on individual unemployability prior to March 2007 are being remanded due to incomplete documentation.

The Veteran's death was not caused by a service-connected condition, and there is no evidence linking the cancer to exposure to herbicides. The Board denied the claim for service connection.

The Veteran's claims for service connection for fatigue and stiffness, cold/flu syndrome, and neurological disorder manifested by memory loss were denied as these conditions are not shown to be related to his military service.

The Veteran's service-connected residuals of cold injury to the right and left lower extremities have been rated at 30 percent since September 6, 2006.,Prior to September 6, 2006, a rating in excess of 20 percent was granted for each leg.

The Board has determined that the Veteran's right arm and hand neuralgia is more likely than not secondary to his service-connected friction burn scar on his right arm, granting him service connection for this condition.

The appellant seeks Dependents' Educational Assistance under Chapter 35 of the U.S. Code, but her eligibility is contingent on a retroactively awarded permanent and total rating for her father's service-connected disabilities. The RO needs to obtain a copy of the March 19, 2009 decision awarding this rating and determine if she is now eligible.

The Veteran's service-connected cognitive disorder, not otherwise specified, secondary to brain trauma is rated at 30 percent. The Board has granted a TDIU based on the combined rating of his service-connected disabilities.

The Veteran's claim for nonservice-connected VA pension benefits was denied as he did not meet the eligibility requirements due to his service not occurring during a period of war.

The Veteran's endometriosis is rated at 30 percent, and her residuals of sacrum fracture are rated at 10 percent. Both conditions meet the criteria for their respective ratings.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's current prostate disorder is related to service.

The Veteran's claim for an earlier effective date for additional compensation for a dependent spouse was denied as the proof of his marriage was not received within one year from the date of marriage.

The Board determined that the appellant's character of discharge from military service is a bar to VA benefits due to his willful and persistent misconduct, despite his claim of insanity at the time.

The Board has remanded the case for additional development, including obtaining verification from the Social Security Administration regarding Medicare Part B payments made on behalf of the Veteran and herself after December 26, 2005.

The Board found no current left or right foot disorders and denied service connection for these conditions as there was insufficient evidence to support a finding of continuity of symptoms since service.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim of service connection for the cause of the Veteran's death.

The Veteran died from progressive supranuclear palsy, which was not service-connected. The Board found no evidence linking the cause of death to service or any presumptive conditions.

The Board denied the Veteran's claim to reopen his service connection for residuals of a testicular injury, finding that new and material evidence had not been submitted.