Other conditions decisions — 2010

The appellant's income exceeded the maximum annual death pension rate, thus she is not eligible for VA improved death pension benefits.

The Board has reopened the Veteran's claim and found that new evidence supports a finding of service connection for a gastrointestinal disorder. The condition is presumed to have been incurred during active duty.

The Board denied the appellant's claim for VA death benefits as a matter of law, finding that his period of military service did not extend his eligibility to receive benefits.

The Board denied the appellant's claim for status as a Veteran for VA benefits due to lack of verified service.

The Veteran seeks service connection for a chronic gynecologic disorder, which she claims is related to her military service. The case is being remanded due to the need for a VA gynecological examination to determine the nature and etiology of her claimed condition.

The Veteran's compression fracture L-1 with degenerative changes was previously rated at 20% from November 21, 2005 through January 12, 2010. From January 13, 2010, the disability is rated at 40%. The rating decision granted a higher disability rating based on increased severity of symptoms.

The Board found that the Veteran's lung disability, which caused his death in 2005, was not related to service and specifically denied service connection for the cause of death.

The Board denied the Veteran's claim for service connection for cerebellar ataxia, concluding that it is not related to his military service.

The Board denied reopening the claim of service connection for residuals of a head injury due to lack of new and material evidence, and found that the prior denial was not clearly and unmistakably erroneous.

The Veteran's low back disability was not manifested by ankylosis, flexion limited to 30 degrees or less, or associated neurologic symptoms prior to November 6, 2007.,Since November 6, 2007, the Veteran's low back disability has been manifested by forward flexion of the thoracolumbar spine limited to 30 degrees and straight leg raising positive at 30 degrees bilaterally. No neurologic symptoms were noted.

The Veteran's service-connected pigment deposit in her left eye does not meet the criteria for a compensable rating under VA disability evaluation criteria.

The Board denied the Veteran's claim for an earlier effective date for his TDIU award, finding that there was no evidence of unemployability prior to September 28, 2001.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for colonic diverticular disease.

The Veteran's claim for an extra-schedular rating for her service-connected weakness of the left upper extremity secondary to surgery and radiation is being remanded due to the need for a new examination, updated VA treatment records, and consideration of employment impact.

The Veteran's death was not caused by a service-connected condition, and there is no pending claim for accrued benefits purposes. The appeal of the CUE issue in the September 1998 rating decision concerning TDIU is dismissed.

The Veteran's service-connected left hand condition, characterized by pain and tingling, is currently rated at a 10 percent evaluation.

The Veteran's bilateral eye disability, resulting from a shell fragment wound of the head, is currently rated at 30 percent. The scar on his left cornea does not warrant an increased rating.

The Veteran's claim for an increased rating for his service-connected degenerative joint disease of the right hip was denied as there is no evidence showing that the disability warrants a higher evaluation.

The Veteran's appeal is being remanded due to the need for a travel board hearing.

The Veteran's temporary total convalescent rating for right hand surgery was denied as the surgery did not require extended convalescence beyond August 31, 1999.