Other conditions decisions — 2009

The Veteran's low back disability is not manifested by forward flexion limited to less than 30 degrees or any form of ankylosis, and thus the current evaluation does not accurately reflect the severity of his condition.

The Veteran is not eligible for VA educational assistance benefits under the Montgomery GI Bill (MGIB) for his enrollment at the Sheriff's Academy training program due to it occurring more than one year prior to his application.

The Veteran's claim for a higher disability rating for his service-connected anterior wedging at T-11 and T-12 is being remanded due to the need for additional development of evidence, including obtaining VA treatment records and scheduling an orthopedic/neurological examination.

The Board found no evidence linking the Veteran's current right foot disorder to his service or a service-connected disability, resulting in denial of the claim.

The Board has determined that the appellant is not eligible to be established as the surviving spouse of the Veteran for VA benefits purposes due to her living with another person and holding herself out openly to the public.

The Board has determined that the Veteran's residuals of a head wound to include a jaw fracture, numbness, and dental trauma are causally related to his military service. The Veteran's neurasthenia anxiety state with posttraumatic hysteria is not manifested by occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Board denied service connection for joint pain as a result of an undiagnosed illness, finding no evidence of such condition during or after service and no competent medical opinion linking the current disability to service.

The Board has remanded the case for a VA examination to determine if any current lung disability may be associated with service, including exposure to asbestos while serving aboard Navy ships.

The Veteran's claim for an increased rating for left hand grip weakness, currently rated as 10 percent disabling, is being remanded due to the need for a new VA examination and consideration of whether his disability results in loss of use of his hand.

The Veteran's claim for service connection for carcinoma of the larynx with subsequent laryngectomy was denied due to lack of new and material evidence.,The Veteran's claim for service connection for chronic lymphocytic leukemia was also denied as there is no indication that it was incurred during active duty or related to exposure to ionizing radiation.

The RO reduced the Veteran's disability rating for his service-connected right knee condition from 20 percent to 10 percent effective January 1, 2006. The reduction was upheld as proper procedural steps were followed.

The Board has determined that the Appellant's income exceeds the maximum annual limit for receipt of nonservice-connected death pension benefits, and thus she does not meet the eligibility requirements for such benefits.

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

The Veteran's claim for a higher initial rating for mood disorder is granted, with an assigned disability rating of 70 percent. Service connection for bilateral lower extremity and low back disabilities are denied as not incurred in service or related to a service-connected condition.

The Veteran's right hip disability is not manifested by ankylosis, flail joint, limitation of flexion to 30 degrees or less, abduction to 10 degrees or less. The Board finds that the preponderance of the evidence is against a higher initial evaluation for her service-connected right hip disability.

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for adjudicating the merits of the claim.

The Veteran's dysthymic disorder was initially granted service connection and a rating of 30 percent, which has since been increased to 50 percent effective April 17, 2008. The appeal is mixed as some issues were granted (service connection) while others are still pending.

The Board found that the appellant's discharge was under dishonorable conditions due to willful and persistent misconduct, which bars him from receiving VA benefits.

The Board found that new and material evidence had not been received to reopen the claim for service connection for a spinal disorder, as the September 1948 decision denying service connection was final.

The Board has determined that the Veteran does not have residuals of her in-service right eye surgery and therefore, service connection for this condition is denied.