Other conditions decisions — 2010

The Veteran's net worth of $216,336.00 as of July 2008 precludes the payment of non-service connected pension benefits due to his significant assets and monthly expenses.

The Veteran's appeal for TDIU was dismissed due to the death of the appellant prior to the Court's decision.

The Board is remanding the case to obtain inpatient clinical records from Roosevelt Roads Naval Hospital and provide proper VCAA notice.

The Veteran's claim of service connection for polyarthralgia is being remanded due to conflicting medical evidence and the need for a new VA examination.

The Veteran's VA improved pension benefits were terminated effective July 1, 2003 due to his status as a fugitive felon.

The Veteran's appeal is remanded due to the need for a current examination to determine if his service-connected left foot fractures result in loss of use of the left foot, and whether he would be equally well served by an amputation with prosthesis.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, a skin rash, and a disability rating greater than 30 percent for chronic sinusitis with allergies. The evidence did not demonstrate that any currently diagnosed skin rash was related to active service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not show that his additional disability was caused by VA negligence or an unforeseeable event, and without such a finding he cannot prevail on this claim.

The Veteran's claim for service connection for a skin condition is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has denied the Veteran's claim for an effective date prior to November 1, 2005 for the grant of service connection for residuals of a cerebrovascular accident due to lack of evidence showing a claim was filed before that date.

Your claim for compensation under 38 U.S.C.A. § 1151 for failure to timely diagnose a myocardial infarction at a VA medical center has been dismissed because your service-connected condition (acute coronary syndromes, status post myocardial infarctions) was already granted in July 2005.

The Board denied the Veteran's claims for a compensable rating for tonsillitis and service connection for sinus disorder. The claim to reopen his PTSD was also denied due to lack of new and material evidence.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional development, including obtaining any disposition of a Federal Tort Claims Act (FTCA) lawsuit potentially related to his treatment.

The Board denied the appellant's claim for an earlier effective date for apportionment of the Veteran's VA benefits on behalf of their two minor children, finding that the law does not allow for such a retroactive adjustment.

The Veteran's request for service connection for a bilateral foot disorder is being remanded to the RO for further development, including scheduling a hearing before a Veterans Law Judge.

The Board has remanded the case for additional development due to new evidence submitted by the Veteran and missing VA treatment records.

The Veteran's right knee disability has been rated at 10 percent since July 2002. The Board granted a separate 10 percent evaluation for limited flexion with pain after December 4, 2008.

The Veteran's hypertension is currently rated at 10 percent, effective from November 12, 2008. The claim for higher ratings remains viable.

The Board has ordered the case to be remanded for additional development, including obtaining VA treatment records and ensuring proper communication with the appellant.