Other conditions decisions — 2010

The appellant's claim for an extension of his delimiting date was denied as he did not provide sufficient evidence to support the suspension of his education program.

The Board has remanded the case due to unclear information regarding whether the Veteran was incarcerated for a felony or fugitive felon status, and if so, when. The overpayment of VA disability compensation benefits is at issue.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's remarried surviving spouse is not eligible for reinstatement of dependency and indemnity compensation benefits as the remarried surviving spouse of the deceased Veteran.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues of service connection for gastritis and an increased rating for PTSD remain unresolved.

The Veteran's death certificate indicates he died in June 2005. The appellant applied for VA burial benefits on July 1, 2008, which was more than two years after the Veteran's burial. As a result, the claim is denied.

The Veteran's PTSD is currently rated at 70 percent disabling effective December 15, 2008. His disability rating has been increased from the initial grant of service connection in December 18, 2003.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for an esophageal disability due to treatment at a VA facility, specifically alleging that improper use and removal of a nasogastric tube during surgery caused his current condition.

The Veteran's left eye disability was caused by a rare and unforeseeable side effect of the February 2004 surgery, but not as the result of any carelessness or negligence on VA's part. The Board grants compensation under 38 U.S.C.A. § 1151.

The Board denied apportionment benefits on behalf of [redacted] due to insufficient evidence provided by the appellant regarding financial information and paternity.

The Board denied the appellant's claim for eligibility to VA benefits due to a lack of qualifying service by her deceased spouse, who did not have recognized guerrilla service in the United States Armed Forces.

The Board has remanded the case for additional development, including an examination and medical opinion regarding the Veteran's service-connected residuals of cold injury to both hands. The claims are being returned to the Department of Veterans Affairs Regional Office for further action.

The Board has ordered the case back to the RO for additional development due to an incomplete VA examination.

The Veteran had no pending claims for VA benefits at the time of his death, and therefore, the appellant is not entitled to accrued benefits.

The Board found no evidence to support the Veteran's claim that his current nasal sinus disease is related to a 1954 surgery and hospitalization at the East Orange VAMC, and denied entitlement to compensation under 38 U.S.C.A. § 1151.

The VA determined that the Veteran's cause of death, aspiration pneumonia, was not caused or aggravated by a service-connected condition.

The Board found that the Veteran's current pulmonary disorders are not related to his in-service pneumonia, and thus denied service connection for a pulmonary disorder.

The Veteran's claim for a higher rating on an extraschedular basis is being remanded due to the need for additional development regarding employment impact and submission to the Director of Compensation and Pension Service or Under Secretary for Benefits.

The Board found no evidence that the Veteran's current left lung disability is related to his military service, and denied his claim.

The Veteran's right shoulder disability, resulting from a shell fragment wound to Muscle Groups I and II of the right interscapular region, was found to warrant a 30 percent rating effective June 4, 2007. The Board determined that he did not meet the criteria for a higher rating prior to this date.