Other conditions decisions — 2011

The Veteran's claim for service connection for a brain disorder to include cerebellar degeneration/atrophy has been reopened and granted. Her right ankle disability is currently rated at 20%.

The Board has determined that the appellant may not be recognized as the Veteran's surviving spouse for Dependency and Indemnity Compensation (DIC) purposes, thus denying her claim.

The Veteran's claim for a compensable rating for residuals of a burn on the outer surface of the right thigh was denied as he failed to report for a VA examination without good cause.

The Board finds that the Veteran's cause of death, pulmonary edema secondary to congestive heart failure, was not caused or aggravated by a service-connected disability. The claim for service connection is denied.

The Veteran's death was not caused by a service-connected disability, but the VA medical treatment in August 2002 that led to his death was due to negligence and lack of proper skill. Therefore, DIC benefits are granted based on VA fault or lack of foreseeability.

The appeal has been dismissed as the appellant requested withdrawal of all pending appeals.

The Veteran's claim for service connection for vascular disease of the right lower extremity, to include as secondary to his service-connected PTSD, is being remanded due to procedural issues and need for further development.

The appellant's family income has exceeded the maximum countable income for death pension for a surviving spouse with dependent children throughout the appeal period, thus denying her claim for non-service-connected death pension benefits.

The Veteran's circulatory disorder of the bilateral lower extremities is not related to service and the preponderance of the evidence is against finding that it is due to or related to his service-connected cold injury residuals of the bilateral lower extremities.

The Board has determined that additional development of the evidence is required due to missing service treatment records and potential private treatment records. The Veteran's claim for service connection for residuals of a back injury will be remanded for further action.

The April 20, 1978 rating decision did not grant service connection for a T12 fracture because the correct facts were before the RO and no CUE was found. The Veteran's claims for reopening of other service connection issues are considered.

The Board denied reopening the claim for service connection for a right hip disorder and granted a non-compensable rating for residuals of fracture, left middle finger.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Veteran's respiratory disorder is presumed to be related to his service due to exposure to herbicides, but a VA examination is needed to determine the exact nature and etiology of the condition.

The Board has remanded the case for further development and consideration of the appellant's claim for waiver of recovery of an overpayment of VA death pension benefits in the amount of $5,720.50.

The appeal is being remanded due to the appellant's failure to report for a scheduled hearing and her request for another opportunity. The matter of Dependents' Educational Assistance (DEA) must be addressed by issuing a statement of the case, while the other issues are being remanded for scheduling a travel board hearing.

The appellant is not eligible for a non-service connected pension as he did not perform active military service in the United States Armed Forces, and his foreign military service does not qualify him under VA pension criteria.

The Board has remanded the case due to incomplete records and unclear dates of service, requiring further development before a decision can be made.

The Board denied the Veteran's claim of service connection for squamous cell cancer below the knee, finding no evidence to support a direct relationship between his current condition and military service. The effective date for the 70% rating for major depressive disorder and chronic PTSD was also denied.

The Board has granted an apportionment of 20 percent of the Veteran's VA benefit award to his dependent spouse, finding that it does not result in undue hardship for the Veteran.