Other conditions decisions — 2012

The Board has determined that the appellant is not eligible for nonservice-connected death pension benefits due to her income exceeding the maximum limit authorized for pension eligibility.

The Veteran's death was caused by fungal sepsis, but the VA physician who certified his death certificate stated that his service-connected knee and shoulder injuries contributed to his death. The Board has ordered additional development including obtaining medical opinions on whether the Veteran's gastrointestinal complaints in service led to his death or significantly contributed to it.

The Board has remanded the case for additional development, including obtaining personnel and service treatment records for the Veteran's active duty training period. The claim will be readjudicated after this development.

The Board has remanded the case for further development, including obtaining verification of service dates and seeking additional medical opinions to determine the nature and etiology of the Veteran's right eye disabilities.

The Board has determined that the Veteran's claimed conditions did not have their onset during her active military service and are not otherwise related to such service. As a result, she is denied service connection for residuals of a left mandible cyst, residuals of a total abdominal hysterectomy, and right eye lacrimal obstruction.

The VA Board found that the Veteran's gout was incurred in service, with no presumption of exposure to herbicides. The evidence supports a finding that the Veteran had symptoms of gout shortly after separation from service.

The Board has determined that additional development is necessary to address the Veteran's claims for service connection for a speech disorder and bilateral foot condition. The case will be remanded for further action.

The Veteran's initial compensable disability evaluation for the service-connected right lower extremity disability is granted, with a rating of 20 percent. The Veteran's initial disability evaluation in excess of 10 percent for the service-connected left lower extremity disability is denied.

The Board has determined that the Veteran's peripheral vascular disease of the lower extremities and surgical scars of the groin and abdomen are not proximately due to or aggravated by his service-connected disabilities.

The Board found that the appellant's acquired psychiatric disorders, including posttraumatic stress disorder and a psychotic disorder, were not incurred in or aggravated by service. The preponderance of evidence clearly and unmistakably showed that her psychotic disorder existed prior to service and was due to its natural progression.

The Board denied basic eligibility for VA Dependency and Indemnity Compensation (DIC) benefits because the appellant's late husband did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran's right and left trench foot disabilities are now rated at 30 percent each, resulting in a combined rating of 60 percent for both feet.

The Board has determined that the appellant's deceased husband did not have recognized service in the United States Armed Forces, and therefore is not a veteran for purposes of establishing eligibility for VA death benefits.

The Board has remanded the case for further development due to unavailability of service treatment records and additional active duty periods. The Veteran's disability must be evaluated based on all relevant periods.

The Board has granted service connection for residuals of a left mandible fracture, finding that the Veteran's current condition is at least as likely as not related to his in-service injury.

The Board found that the Veteran does not have a current left eye disability and denied his claim for service connection.

The Board has determined that additional VA treatment records are needed to fully evaluate the Veteran's claims for service connection for skin disability and gout. The case is being remanded for this purpose.

The Board has determined that the Veteran's claim for service connection for sinus bradycardia with arrhythmia and nonspecific T-wave change, claimed as a heart condition, cannot be reopened due to lack of new and material evidence. The claims for residuals of right hand and finger injury with arthritis, left ankle sprain with arthritis, and left big toe injury with arthritis were denied based on the absence of service connection.

The Veteran's cause of death was granted effective from September 27, 2007.

The Board has remanded the case for further action due to a hearing request, and no specific decision on service connection is provided.