Other conditions decisions — 2010

The Veteran withdrew his appeal for benefits under the provisions of 38 U.S.C.A. § 1151, and thus the appeal is dismissed.

The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death, which was primarily due to unrelated cardiac and pulmonary conditions.

The Board found that the Veteran's left hemidiaphragmatic paralysis was not incurred in or related to his military service.

The Board has remanded the case due to an inadequate medical opinion and further evaluation is needed.

The Board has remanded the case for further development due to conflicting medical opinions and incomplete records.

The Board found that the Veteran does not have a lung disability related to his military service and denied his claim.

The Veteran's service-connected injury to Muscle Group XVII, right buttock, did not cause his death. The underlying causes of death were cardiovascular disease and lung disorder.

The Veteran's gastric cancer was not attributable to military service, including in-service herbicide exposure. Therefore, the claim for service connection for gastric carcinoma for purposes of accrued benefits is denied.

The Veteran's claim for an increased evaluation for his service-connected recurrent right inguinal hernia was denied. The RO assigned a 10 percent evaluation effective from March 2001, and later granted an earlier effective date of August 1996.

The Board has reopened the claim of service connection for an umbilical hernia and granted it, finding that new and material evidence had been submitted. The Veteran's current disability is shown to have had its clinical onset during service and as likely as not due to superimposed injury or disease related to his duties therein.

The Veteran's claim for service connection for chest tightness is being remanded due to insufficient evidence and the need for a VA Gulf War examination.

The Board has determined that the Veteran's congestive heart failure and irregular heartbeat are related to his period of active duty for training (ACDUTRA) during which he was treated for chest pain in June 1993. The issue of service connection for hypertension and foot problems is remanded due to outstanding SSA records.

The Veteran's appeal for higher ratings for his service-connected constipation and left hip arthritis from August 30, 2004 to November 1, 2005 was denied. The Veteran did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has denied the Veteran's claims for service connection for residuals of a stroke and elevated cholesterol, as there is no current evidence of these conditions. The claim for hypertension was not addressed in this decision.

The Board has determined that a remand is necessary to ensure the Veteran receives an adequate VA examination and review of his claim for a higher disability rating for Reynaud's Syndrome.

The Veteran's claim for a higher rating for his right femur fracture was granted, and he is now rated at the highest possible disability level. His need for regular aid and attendance due to his service-connected condition was also recognized, leading to SMC benefits. However, as his TDIU claim arose from the same evidence, it is moot given the 100% rating.

The Board found that accrued benefits based on the appellant's marriage to the Veteran in May 2005 are warranted. The appeal for basic eligibility for VA death benefits as the surviving spouse of the Veteran was denied due to a lack of legal recognition of their relationship under West Virginia law.

The Board has remanded the case due to incomplete information and a need for additional action, including sending the Veteran a Financial Status Report.

The Veteran's appeals for service connection for a sleep disability and disability of both hands and all fingers have been withdrawn. The Board also denied the Veteran's claims for service connection for tinnitus and hearing loss, finding that these conditions did not manifest during service or within one year after separation from active duty, and are not related to his military service.

The Veteran withdrew his appeal regarding whether he is competent to handle disbursement of funds.