Other conditions decisions — 2009

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied both the claim for service connection for the cause of the Veteran's death and the claim for burial benefits.

The Board denied the Veteran's claim of reopening his service connection for residuals of a fracture of the right hand, finding that new and material evidence had not been received.

The Board found that the Veteran's respiratory condition was not incurred in or aggravated by active military service and denied his claim for service connection.

The Board denied the appellant's claims for nonservice-connected burial benefits and remanded the issues of service connection for the cause of her husband's death and DIC pursuant to 38 U.S.C.A. § 1318 due to lack of evidence meeting the eligibility criteria.

The Board has denied the veteran's claim for reimbursement of $30,099 for dental expenses from May 2002 to May 2004. The appeal is remanded due to a failure to issue a supplemental statement of the case.

The Board has remanded the case due to inconsistencies in service documentation and a need for further verification of the appellant's deceased spouse's service.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for dependency and indemnity compensation purposes due to her remarriage after the Veteran's death, which occurred prior to January 1, 2004, and her application being received after December 16, 2004.

The Veteran's left peroneal muscle strain was incurred in service and has persisted since, warranting the grant of service connection.

The Veteran withdrew his appeal for service connection for tympanosclerosis, tympanic membrane perforation, left ear at the Board hearing.

The Veteran's hip disabilities have been rated at 30 percent each, the maximum rating available under Diagnostic Code 5315.

The Board has remanded the case due to incomplete verification of service and new evidence received. The appellant's claim for legal eligibility for nonservice-connected disability pension benefits will be reconsidered.

The Board found that a disability of the skeletal system was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred therein. The right ankle sprain does not warrant an increased rating.

The Veteran's son, K., was not permanently incapable of self-support by reason of physical or mental defects at the time he turned 18 years old. Therefore, the claim for VA benefits on the basis of permanent incapacity for self-support prior to attaining the age of 18 is denied.

The Veteran's appeal is remanded due to the need for additional development, including a medical examination to differentiate symptoms related to his service-connected right bundle branch block from those caused by non-service-connected conditions.

The Board found that new and material evidence had not been received to reopen the Veteran's claim for service connection for spondylolisthesis. The Board also determined that there was no evidence of a low back disability other than spondylolisthesis attributable to military service.

The Board has determined that the Veteran's sinus and breathing problems are not related to, caused or aggravated by, any service-connected disability. As a result, the claim for service connection for sinus and nasal problems is denied.

The Board found that the Veteran's service-connected disabilities did not cause or contribute to his death, and thus denied the claim for service connection for the cause of his death.

The Board denied the reopening of a claim regarding whether the appellant's character of discharge from military service is a bar to VA benefits (exclusive of health care under Chapter 17, Title 38, United States Code), finding no new and material evidence.

The Veteran's appeal was dismissed due to his death.

The Board has remanded the case to the RO for further development and readjudication due to a lack of VA treatment records from the Vet Center.