Other conditions decisions — 2011

The Veteran's service-connected bilateral knee disabilities are currently rated at 10 percent each, effective April 9, 2010. The evidence does not support a higher evaluation for either knee.

The Board found that the Veteran did not have a current disability of his left hand and therefore denied service connection for this condition.

The Veteran's claim for service connection for a tumor of the lung due to asbestos exposure was denied because there was no evidence linking the surgery to military service.

The Veteran sustained deep vein thrombosis (DVT) of the right leg as a result of a May 2004 right knee operation. The Board finds that DVT was caused by the surgery, and the Veteran's failure to receive proper discharge instructions related to avoiding DVT did not constitute a minor deviation from informed consent requirements.

The Veteran's son, the Appellant, does not have legal standing to claim entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, death pension benefits, or accrued benefits due to his mother as he is not a dependant 'child' of the Veteran at the time of filing.

The Veteran's daughter, the Appellant, does not have legal standing to claim entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, death pension benefits, or accrued benefits due to her mother as she is not a dependant 'child' of the Veteran at the time of filing.

The Veteran's daughter, the Appellant, does not have legal standing to claim entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, death pension benefits, or accrued benefits due to her mother as she is not a dependant 'child' of the Veteran at the time of filing.

The Veteran's death is not eligible for Dependency and Indemnity Compensation, death pension benefits, or accrued benefits as the Appellant does not meet the legal requirements to file these claims.

The Veteran's son, the Appellant, does not have legal standing to claim entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, death pension benefits, or accrued benefits due to his mother as he is not a dependant 'child' of the Veteran at the time of filing.

The claims for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, death pension benefits, and accrued benefits are dismissed as the Appellant lacks standing to claim these benefits on behalf of her mother.

The Veteran's daughter, the Appellant, does not have legal standing to claim entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, death pension benefits, or accrued benefits due to her mother as she is not a dependant 'child' of the Veteran at the time of filing.

The Veteran's son, the Appellant, does not have legal standing to claim entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, death pension benefits, or accrued benefits due to his mother as he is not a dependant 'child' of the Veteran for VA purposes.

The Board found no evidence linking the Veteran's current chronic left eye disability and loss of vision to his service, including any in-service accident involving a practice grenade. The VA examiner concluded that the Veteran's cataracts are more likely related to age than to service.

The Board found that the Veteran's current gastrointestinal disorder and esophagitis were not related to her active duty for training, including as due to toxic gas exposure.

The Board has determined that the appellant's late husband did not have qualifying active service for VA benefits, and thus denied her claim of entitlement to basic eligibility for VA death benefits.

The Board found that the Veteran's impotency is not related to his military service, including especially to a service-connected low back disability sustained in 1984.

The Board denied the Veteran's claim of service connection for residuals of exposure to radiation, including arthritis, finding no new and material evidence to reopen the previously denied claim.

The Veteran's initial evaluations for his right and left knee conditions have been granted at a 30 percent rating each, effective from the date of the decision.

The Board has granted service connection for residuals of broken right toes and gastrointestinal disorder, but denied service connection for a right knee disability due to lack of current evidence.

The Board has determined that the most recent supplemental statement of the case was sent to an incorrect address and needs to be resent to the Veteran's correct address. The Veteran is given 30 days to respond.