Other conditions decisions — 2011

The Board denied the Veteran's claims of clear and unmistakable error in both the August 1972 and May 1999 rating decisions regarding his back condition.

The Board has determined that the appellant was not recognized as the Veteran's surviving spouse for VA purposes, but found that a 'deemed valid' marriage occurred. The merits of her claim seeking service connection for the cause of the Veteran's death are addressed on remand.

The Veteran's service connection claim for ocular surface dryness of the bilateral eyes is granted, with a finding that his current condition is related to his in-service eye complaints.

The Board finds that the Veteran's death was caused by atherosclerotic cardiovascular disease, which is presumed to have been incurred during service due to his exposure to herbicides in Vietnam. Therefore, service connection for the cause of the Veteran's death is granted.

The Board denied the Veteran's claims for service connection for prostate disorder and loss of a creative organ, finding no evidence of such conditions during or within one year after his military discharge. The new evidence submitted does not raise a reasonable possibility of substantiating these claims.

The Veteran had no pending claim for VA benefits at the time of his death, and therefore is not eligible for accrued benefits.

The Board has determined that the Veteran's current left ear disability is not related to his service, and therefore, he does not meet the criteria for service connection. Additionally, as there are no service-connected disabilities, the claim of entitlement to a TDIU due to service-connected disabilities lacks legal merit.

The appellant was not recognized as the Veteran's surviving spouse for purposes of receiving DIC benefits due to her divorce from the Veteran at the time of his death.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for payment of nonservice-connected burial benefits.

The Veteran's appeal is remanded due to the need for additional VA treatment records and an updated VA examination.

The Veteran's service-connected left little finger disability, characterized by ankylosed PIP joint without MCP joint involvement and no rotation or angulation of a bone, does not meet the criteria for a compensable initial rating under any applicable diagnostic code.

The Board has remanded the case due to incomplete information and need for additional development, including obtaining medical records and opinions regarding the cause of death.

The Board found that the Veteran's skin rash did not have onset in service and was not shown to be related to his military service. The claim for service connection for a skin rash was denied.

The Veteran's claim for an initial compensable evaluation for left tibial hemangioma is being remanded due to the need for additional development, including a VA examination and obtaining any relevant service treatment records.

The Board found that the overpayment of compensation benefits due to the removal of an additional allowance for the Veteran's spouse was properly created, and thus denied the claim.

The Veteran's claim for an initial compensable evaluation for left tibial hemangioma is being remanded due to the need for additional development, including a VA examination and obtaining any relevant service treatment records.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is being remanded due to insufficient evidence regarding whether VA negligence caused his current eye problems.

The Board has determined that the Veteran's service-connected disabilities, specifically intervertebral disc syndrome and hiatal hernia, substantially or materially contributed to his death due to cardiopulmonary arrest.

The Board denied the appellant's claim for death pension benefits, effective May 1, 2008, due to her income exceeding the maximum annual pension rate.

The Board has determined that the Veteran's arthritis of the back is proximately due to his service-connected bilateral foot disability, and thus grants service connection for this condition.