Other conditions decisions — 2010

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she was not entitled to VA benefits due to her divorce from the Veteran at the time of his death.

The appellant is not eligible for DIC benefits based on helpless child status due to her current marriage, which disqualifies her from the benefit.

The Board has decided to remand the case for a VA examination and opinion regarding the Veteran's claim of service connection for back injuries. The examiner will assess whether it is at least as likely as not that any currently demonstrated back disability had its onset in service, is the result of active service or any incident therein, or was aggravated by service.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not serve during a period of war, and thus does not meet the eligibility requirements.

The Veteran's claim for service connection for carcinoma of the right lung status-post pneumonectomy is being remanded to allow consideration of new evidence.

The Board has determined that the Veteran's cause of death (congestive heart failure) was not caused or contributed to by his service, and therefore denied the claim for service connection.

The Veteran did not have qualifying service to be eligible for VA pension benefits, and therefore the appellant, as his surviving spouse, is not eligible for VA death pension benefits.

The Board has decided to remand the case for further action, including obtaining an opinion from the Education Liaison Representative regarding whether the Mount Olive Bible Institute was again approved by VA for purposes of Chapter 35 DEA benefits.

The Board denied the appellant's request to reopen his claim for non-service-connected disability pension benefits, finding that no new and material evidence had been submitted.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining service treatment records and Social Security Administration disability determination.

The Board has determined that the Veteran's death was not caused by a service-connected disability or condition, and thus denied the claim for service connection for the cause of death.

The Veteran's service-connected inguinal adenopathy or lymphadenopathy is currently manifested by complaints of pain, but there is no evidence of related use of a support, atrophy of both testicles, or symptoms of urinary frequency, leakage, or obstructed voiding. As such, the criteria for an initial compensable rating have not been met.

The case is being remanded for further development, including obtaining records of the Veteran's service aboard ships and compiling a list of nuclear tests he was stationed near. The appellant must provide additional evidence to support their claim.

The Board denied the veteran's claim for service connection for the cause of his death, finding that there was no evidence linking his death to active service. The issue regarding CUE in a June 1948 rating decision which severed service connection for mitral insufficiency with history of rheumatic fever is resolved in favor of the appellant, as it was found that there was an error of law in severing such service connection.

The Board has determined that the Veteran's upper digestive tract disorder, including hiatal hernia and esophagitis, is related to his service-connected arthritis medication.

The Board denied service connection for sickle cell alpha thalassemia and its residuals, as well as the Veteran's claim for a total disability rating based on individual unemployability (TDIU). The decision found that the Veteran's sickle cell alpha thalassemia is a congenital defect with no evidence of a superimposed injury or disease in service.

The Veteran is seeking service connection for a duodenal ulcer, which he claims was related to his active duty service. The Board has ordered remand due to inadequate examination and the need for further development of the claim.

The appellant's claim for an extension of her delimiting date for Dependents' Educational Assistance benefits beyond December 29, 2006 was denied as she had reached the age of 31 years before filing her claim.

The Board denied the Veteran's claim for service connection for a lung condition, finding that there was no evidence of an asbestos-related disorder and that any lung disease is more likely due to tobacco use.

The Board has determined that the Veteran's Mônière's disease originated during his period of active service and granted service connection for this condition.