Other conditions decisions — 2012

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran's right elbow disability is currently evaluated at 10 percent, and the Board finds that it does not warrant a higher evaluation based on current symptoms.

The Veteran's claim for service connection for a respiratory disability, including interstitial fibrosis, chronic pleuritis, chronic peribronchiolitis, and emphysema, is being remanded due to the need for additional development of his VA treatment records and another VA examination.

The Veteran's claim for a disability rating in excess of 30 percent for myalgia of the left supra-spinatus muscle with traumatic arthritis was denied by the Board. The evidence did not support an increase beyond the current 30 percent rating.

The Board has determined that the Veteran does not have current chronic gastroenteritis and finds that service connection for this condition is denied.

The Board found that the Veteran's lipomas and lung disorder were not incurred in or aggravated by service, as there was no evidence of chronicity since service separation. The claims for these conditions are therefore denied.

The Veteran's death was caused by cerebral hemorrhage due to myocardial infarction, which in turn resulted from coronary artery disease. The service-connected disabilities did not cause or contribute substantially to his death.

The Veteran's TDIU was granted effective September 21, 2001 due to his service-connected chronic urinary stone disability. The effective date is the earliest possible effective date for that increased rating.

The Veteran's service does not meet the threshold criteria for basic eligibility for nonservice-connected pension benefits, and his claim is denied.

The Board found that the Veteran's grandson is not legally recognized as a minor child for dependency benefits purposes due to lack of adoption, and thus denied the claim.

The Veteran's appeal is being remanded for additional development, including obtaining relevant medical records and scheduling a VA examination to assess the current severity of his service-connected urge incontinence.

The Board has reopened the appellant's claim based on new evidence showing he may have been insane at the time of his offenses, allowing him to seek VA benefits despite his other than honorable discharge.

The Veteran seeks service connection for visual impairment and compensation under the provisions of 38 U.S.C.A. § 1151 for visual impairment as the result of surgery performed by VA in September 1999. The case is being remanded to obtain additional medical records, including consent forms and progress notes from the trabeculectomy procedure.

The Veteran is seeking an increased rating for his service-connected heart condition, which has been rated as 30 percent disabling. The Board has determined that additional development of the record is needed before a final decision can be made.

The Veteran is not eligible for educational assistance benefits under Chapter 30 or Chapter 34 due to a lack of continuous active service during the applicable timeframe.

The Veteran's cause of death was due to a gastrointestinal bleed caused by pancreatic and biliary cancer, which the VA medical expert opined may have been aggravated by liver fluke exposure in Vietnam.

The Board determined that the appellant did not have qualifying service with the United States Armed Forces and therefore does not meet the criteria for legal entitlement to VA benefits.

The Veteran's claim for an increased rating for her service-connected lumbago is being remanded for further development, including a new VA examination and consideration of the issue of entitlement to TDIU. The case will be returned to the Board after all appropriate development has been completed.

The case is being remanded for scheduling a Travel Board hearing at the earliest available opportunity. The appellant will be notified of the date and time of the hearing.

The Board has determined that the appellant may need to be recognized as the surviving spouse of the Veteran for VA benefits purposes, including death pension and dependency and indemnity compensation (DIC) benefits. However, this determination is contingent on further investigation into the separation between the appellant and the Veteran at the time of his death in January 1974, as well as her subsequent marriage to W.D.