Other conditions decisions — 2009

The Board denied the appellant's claim for basic eligibility for Department of Veterans Affairs death benefits due to a lack of service in the United States Armed Forces.

The Board has determined that the widow's death prevented her from receiving accrued benefits for nonservice-connected widow's pension with special monthly pension based on entitlement to regular aid and attendance for accrued benefits purposes as required by law.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The Board has reopened the Veteran's claim for service connection for polymyositis due to new and material evidence. However, the claim is denied as there is no probative evidence of a link between the Veteran's current polymyositis and his military service.

The Board finds that the appellant's current bilateral hearing impairment is caused by acoustic trauma sustained during his ACDUTRA service in the Kentucky Army National Guard.

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for further action.

The Board has determined that the appellant did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces and therefore is not eligible for VA benefits.

The Board dismissed the appeal due to the appellant's withdrawal prior to a decision being made.

The Veteran's death was not due to a service-connected disability, and he did not have pending claims for VA benefits at the time of his death. Therefore, he is ineligible for nonservice-connected burial benefits.

The Board denied the Veteran's request for waiver of overpayment of disability compensation benefits, finding that recovery was not against equity and good conscience.

The Veteran's right rib injury was treated in an emergency room, and the treatment was deemed necessary due to the severity of his symptoms. As he had a service-connected disability at the time, he met the criteria for reimbursement under 38 U.S.C.A. § 1728.

The Board has determined that the effective date for the grant of service connection for a lung condition, to include desquamative interstitial pneumonia, is September 3, 2004.

The Veteran's hyperkeratotic skin lesion has not required systemic therapy and occupies less than five percent of her total body area or exposed surface area. She is therefore not entitled to a compensable rating.

The Veteran's request for VA educational assistance benefits under the Montgomery GI Bill (Chapter 30) for on-the-job training as an air traffic controller prior to May 12, 2007 is granted, effective from January 22, 2007. The monthly rate of payment will be adjusted in accordance with this new commencing date.

The Veteran's bilateral upper and lower extremity spasticities have been evaluated as 10 percent, 30 percent, 40 percent, and 40 percent disabling respectively. The claims for higher evaluations are denied.

The Veteran's claim for an increased disability rating for his service-connected dysthymic disorder is being remanded due to the need for additional VA examination and consideration of new evidence.

The Board found that the reduction in the evaluation for Hodgkin's disease from 100 percent disabling to a non-compensable rating was proper and effective since October 1, 2000.

The Veteran's myofascial pain and arthralgia have not met the criteria for a higher initial evaluation since June 30, 2000.

The Board has remanded the case for further development, including scheduling an orthopedic examination and considering the Veteran's claim for service connection for disorders of multiple joints.

The Board has granted restoration of a 40 percent disability rating for the Veteran's service-connected prostatitis effective June 1, 2009. The issue of entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded due to a material change in facts since the May 2009 supplemental statement of the case.