Other conditions decisions — 2010

The Board has ordered additional development to determine if the Veteran's end stage cardiac disease was caused or aggravated by his service-connected PTSD, and whether he had a previously service-connected condition that contributed to his death.

The Board found that the Veteran did not have a dental disability related to in-service trauma and denied his claim for service connection for dental trauma for VA compensation purposes.

The appellant's deceased spouse did not have qualifying military service to establish basic eligibility for VA nonservice-connected death pension benefits.

The Veteran's death was from a nonservice-connected cause while properly hospitalized by VA. The appellant is entitled to burial and plot interment benefits as her personal funds were used for these expenses.

The Board has denied the Veteran's claims for service connection for right hip injury, left hip joint spasm (claimed as left hip injury), and sprained back. The decision is mixed, with some issues granted and others not.

The Board denied the Veteran's request to reopen his claim for service connection for a heart disability, claiming atypical chest pain, leaking heart valves and a heart murmur. The evidence submitted since the last denial was not considered new and material.

The Veteran's eligibility for VA educational assistance benefits was denied due to various reasons including his service history, the expiration of certain programs, and lack of meeting eligibility criteria under Chapter 1606.

The Board has remanded the case due to the appellant's request for a Travel Board hearing. The appeal is not ready for further review until this hearing is scheduled and completed.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital was denied because the claim was not filed within 90 days after discharge from the facility that provided the treatment. The Board found that the claim was not timely filed and thus, denied the appeal.

The Board has determined that the appellant and the Veteran had a common law marriage, which is deemed valid for VA benefits purposes. As such, the appellant's claim for recognition as the surviving spouse of the Veteran for the purpose of receiving VA death benefits is granted.

The March 1964 rating decision assigned a 30 percent disability evaluation for the appellant's service-connected conditions, including intracranial hemorrhage, neurological residuals, and loss of part of the skull. The decision is denied as there was no clear and unmistakable error.

The Board has determined that the Veteran's current cardiovascular disease is at least partially related to his service-connected left BKA, and therefore grants service connection for this condition.

The Veteran's claim for service connection for residuals of a left femur fracture was denied because there is clear and unmistakable evidence that he did not have additional disability from permanent exacerbation of the pre-existing condition during or as a result of his military service.

The Veteran's recurrent urinary tract infections were found to be related to service, and the claim for service connection is granted.

The Board has determined that the Veteran's death was caused by his exposure to benzene during service, and thus grants DIC based on service connection for cause of the Veteran's death.

The Veteran's claim for a rating in excess of 60 percent for ectopic atrial tachycardia, secondary to atrial septal defect repair, was denied by the RO. The Board has remanded the case for further development and an examination.

The Board denied the Veteran's claim of service connection for knocked-out teeth, finding that new and material evidence had not been received to reopen the claim.

The Veteran's appeal is being remanded for further development, including a VA examination to determine if the self-inflicted gunshot wound was related to his service-connected dysthymic disorder. The claim of clear and unmistakable error in the March 1978 rating decision will also be addressed.

The Board has determined that the Veteran does not have a current disability related to inguinal muscle spasms incurred in or aggravated by active service. The claim for service connection for skin disorder is denied.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the maximum allowed limit.