Other conditions decisions — 2010

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the statutory limits, regardless of whether M.A. is considered a helpless child or in custody.

The Veteran is eligible for Chapter 30 educational benefits due to her less than honorable discharge being due to a personality disorder that interfered with her performance of duties, and she has paid the required enrollment fee. Her eligibility remains contingent on paying the remaining $300 towards the enrollment fee.

The VA cholecystectomy in August 2000 and the stent placement in February 2001 caused bile duct obstruction, which is a foreseeable consequence of biliary stenting. However, the Veteran did not provide informed consent prior to the stent placement, constituting negligence on VA's part.

The Veteran's right thumb disability was granted a non-compensable rating, and the reduction of his sinus disability rating to 10% from April 1, 2004, was found proper. The claim for TDIU due to service-connected disabilities is denied.

The Board has determined that the Veteran does not have a liver disorder as a result of service, a service-connected disability or medications used to treat a service-connected disability. As such, service connection is denied.

The Board has determined that additional development is needed before the claim can be evaluated, including obtaining treatment records and a supplemental opinion from the Veteran's compensation and pension examiner.

The Veteran's claim for a compensable evaluation for a fracture of the second metatarsal of the left foot is being remanded due to missing Social Security Administration records.

The Veteran's appeal is remanded for a VA examination and further development due to insufficient detail in the current medical opinion regarding his skin disability.

The Board has determined that the evidence received since the last final denial does not relate to an unestablished fact necessary to substantiate the claim of entitlement to service connection for pneumonia, and thus is not new and material. As a result, the claim is denied.

The Board has determined that the appellant's character of service is under other than honorable conditions due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Veteran died from adenoid cystic cancer of the parotid gland, which was not service-connected and not related to his military service.

The Board denied the Veteran's claim to reopen his service connection for diverticulosis and colon polyps, previously claimed as a bleeding ulcer due to lack of new and material evidence.

The Board has received notification of the appellant's request to withdraw their appeal, and thus the case is dismissed.

The Board found that the Veteran does not have a current disability due to prostatitis and dysuria, which could be attributed to active service.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected hyperactive airway disease.

The Veteran's blindness in both eyes, with only light perception, qualifies him for the maximum benefit under 38 U.S.C.A. § 1114(m), and he is not entitled to a higher rate of special monthly compensation as his condition does not meet the criteria for additional benefits.

The Veteran's claim for service connection for pancreatitis is being remanded due to conflicting medical opinions and the need for additional development.

The Veteran's anemia with myelodysplasia is not related to service, and the Board denied his claim for service connection.

The Veteran's claim for a temporary total evaluation pursuant to Paragraph 29 or 30 for hospitalization and post-hospitalization convalescence for service-connected right femur fracture residuals from December 5, 2005 - May 7, 2006 was denied. The issue of entitlement to an initial compensable evaluation for surgical scars of the right lower extremity associated with residuals of a right femur fracture is remanded.

The Veteran's appeal has been dismissed as the Board does not have jurisdiction due to his death.