Other conditions decisions — 2010

The VA Regional Office denied the appellant's request for reimbursement of transportation costs related to the burial of her deceased husband. The case is now pending for further action.

The Veteran's claim for an earlier effective date for the grant of service connection and assignment of a 100 percent rating for schizoaffective disorder is dismissed.

The Board denied the appellant's request to reopen her claim for service connection for cause of death, finding that the submitted evidence was not new and material.

The Veteran's chronic peptic disease is manifested by complaints of occasional stomach pain, which the VA examiner found to be less severe than severe symptoms. The Board finds that a 20 percent evaluation for this condition is warranted based on moderate recurring episodes of severe symptoms two or three times a year averaging 10 days in duration.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a bilateral ear disability. The Veteran is now entitled to service connection for this condition.

The Veteran's left and right ankle stress fracture residuals with posterior tendinitis are currently rated as 10 percent for each ankle, but not higher. The evidence shows painful motion without marked limitation of motion.

The Veteran seeks an earlier effective date for a TDIU award, but the Board finds that no earlier effective date is warranted as the claim was not filed within one year of the September 2002 rating decision denying entitlement to a TDIU.

The Board has determined that the appellant's deceased spouse did not have qualifying service with the U.S. Armed Forces, and therefore is not considered a veteran for purposes of establishing basic eligibility for VA death benefits.

The Veteran's claims for service connection for left eye ptosis, blurry vision and back pain are being remanded due to the need for additional medical examinations.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for permanent memory loss due to a cerebrovascular accident was denied as there is no evidence that the delay in diagnosis and treatment resulted in additional disability, including permanent memory loss.

The Veteran's claim for an earlier effective date for the assignment of a total disability evaluation for Graves' Disease is dismissed. The claims of CUE in April 2004 and May 2005 rating decisions are denied.

The Veteran's bilateral macular degeneration with cataracts was not incurred in or aggravated by service, and may not be presumed to have been incurred in or aggravated by service.

The Veteran's claim for basic eligibility for nonservice-connected pension benefits was denied as he did not have the requisite wartime service.

The Board denied service connection for the cause of the Veteran's death due to a lack of evidence linking his esophageal cancer to his military service or any incident therein, including herbicide exposure. The primary source of the cancer was found to be in the esophagus and not related to respiratory system issues.

The Board has reopened the Veteran's claim for service connection for CLL, but further development is needed to obtain missing service department records and clarify his exposure history.

The Board has remanded the case to obtain additional medical examination and opinions, including an opinion on whether the veteran's vascular disease of the right lower extremity is related to service-connected PTSD.

The Board denied the claim for service connection for the cause of death due to lack of evidence linking asbestosis, a possible exposure during military service, to the Veteran's death.

The Board has determined that further development is necessary to determine the current existence and etiology of the Veteran's claimed conditions, including residuals of cold weather injury to the hands and feet, heart palpitations, and painful menses. The case is being REMANDED for these purposes.

The Veteran's right elbow disorder is being remanded for further development, including obtaining SSA records and attempting to ascertain the specific date of his motor vehicle accident in 1959.

The Board found no competent and credible evidence linking the Veteran's current bilateral foot disorder or right hand disorder to his military service, including any injury sustained during active duty. Therefore, the claims for service connection were denied.