Other conditions decisions — 2009

The Board found that the appellant's tremors and psychiatric conditions are not attributable to service, and denied all claims.

The Veteran's request for apportionment of his VA benefits based on dependency of a parent was denied as there is no evidence establishing that the requested recipient qualifies as his dependent or that there is a relationship.

The Veteran's bilateral hammer toe disorders are rated as 10% each, and her gout of the left foot is also rated at 10%. The RO assigned initial noncompensable evaluations for these conditions.

The Veteran's claims for higher initial ratings for his right and left wrist disabilities were denied as the evidence did not support a rating higher than 10 percent.

The Board has remanded the Veteran's claims for additional development due to the need for clarification of the etiology of his diagnosed lumbar spine degenerative disk disease and right leg radiculopathy, as well as whether these conditions are related to an altered gait caused by his service-connected left knee disability.

The Board has granted service connection for ALS, finding that the Veteran's condition was incurred during his active duty and is not due to willful misconduct.

The Board has determined that additional development is needed to assess the current severity of the Veteran's service-connected right tibia and fibula fractures, including obtaining a VA examination and any relevant treatment records. The case will be remanded for these actions.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for purposes of VA benefits due to her divorce from the Veteran prior to his death, and there being no provision in applicable VA laws and regulations that allows for such recognition.

The Veteran is seeking education benefits under the Veterans Education Assistance Program (VEAP) program. The case is being remanded for additional development and re-adjudication.

The Veteran's income exceeds the maximum annual pension rate, thus denying his claim for nonservice-connected pension benefits.

The Board has determined that the Veteran's urinary incontinence is not related to her service-connected total abdominal hysterectomy and therefore denied her claim for service connection.

The Veteran's claim for a higher initial rating for residual pain, nerve entrapment or neuroma due to right inguinal herniorrhaphy was granted. A separate 10 percent evaluation is assigned for the painful inguinal scar.

The Board denied the appellant's claim to reopen his previously denied claim for VA benefits, finding that the additional evidence submitted was not new and material.

The Board has remanded the case for further development and readjudication due to insufficient service verification. The appellant's claim remains pending.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case for further development, including a VA examination to determine if any diagnosed respiratory disorders are etiologically related to service.

The Board has granted service connection for sexual dysfunction due to an undiagnosed illness and assigned a 40 percent initial rating effective July 15, 2009. The Veteran's lumbar spine disorder remains at a 10 percent rating.

The Veteran's left pelvis fracture, including the surgical repair and associated conditions, is currently rated at 10 percent since May 15, 2009.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for residuals of a facial shrapnel wound from February 12, 2004.

The Veteran's loss of use of the lower extremities is not considered to be caused by VA fault such as carelessness, negligence, lack of proper skill or error in judgment.