Other conditions decisions — 2011

The appellant's claim for Dependents' Education Assistance under 38 U.S.C. Chapter 35 benefits was denied in May 2007, and the RO has scheduled her for a Travel Board hearing to address this issue.

The Veteran's service-connected Crohn's colitis is currently rated at 30 percent, effective February 1, 2006.

The Board has determined that the Veteran's currently diagnosed neurological disability is related to his in-service heat stroke, and thus service connection for this condition is granted.

The Veteran's service-connected basal cell carcinoma of the nose has not been manifested by any characteristics of disfigurement and does not require therapy comparable to that used for systemic malignancies, thus warranting a noncompensable rating.

The Veteran's claim for an increased rating for myositis ossificans, right humerus was denied as his disability did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for nerve damage of the right foot resulting from VA treatment in May 2002, but the claim is being remanded due to insufficient evidence regarding causation.

The Board has determined that the Veteran's claims for service connection, a higher rating, and TDIU require further development due to incomplete records and need for additional medical examinations.

The Board denied recognition as the Veteran's surviving spouse for Dependency and Indemnity Compensation, Survivor's Pension, and Accrued Benefits due to a lack of legal basis. The appellant was not entitled to benefits as an unremarried surviving spouse.

The Veteran is seeking service connection for injuries to his right ring finger, which he claims occurred during military service. The case has been remanded due to the need to obtain SSA records and conduct a VA examination.

The Veteran's disability rating for herniated disc of the lumbar spine with radiculopathy was reduced from 40% to 20%, but this reduction is not supported by the evidence and is therefore improper.

The VA has determined that the appellant's malaria does not meet the criteria for a compensable evaluation as there is no active disease or residuals of malaria. The Board finds the evidence against an increased rating.

The Board has determined that the Veteran did not have qualifying service in the Philippine Commonwealth Army or recognized Guerrillas, and therefore does not meet the basic eligibility requirements for nonservice-connected pension benefits. As a result, the claim for nonservice-connected death pension benefits is denied.

The Board has determined that the appellant is not a veteran and therefore ineligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for adjudicating the merits of this claim.

The Board denied service connection for the cause of the Veteran's death, finding that his chronic lymphocytic leukemia (CLL) did not have its onset during his active military service and was not shown to be related to service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claim for service connection for residuals of a groin injury, including clinical findings and etiology.

The Board denied the Veteran's claims for service connection for residuals of a chest wound and right leg wound, finding that there was no evidence to support these conditions as incurred in or aggravated by service.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 was denied as there is no evidence showing that the gastrointestinal disorder resulted from VA treatment, and it is not related to any carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part.

The Board denied the Veteran's claim for an initial compensable rating for his shrapnel wound disability of Muscle Group XV, finding that the evidence did not show a 'moderate' disability as required by Diagnostic Code 5315.

The Veteran's hypertensive retinopathy, which manifests with visual acuity of 20/50 in each eye and corrected near vision of 20/25 in the right eye and 20/20 in the left eye, is rated as noncompensable under DC 6006. The Board finds that a higher rating is not warranted.