Other conditions decisions — 2012

The Board has determined that a VA examination is required in order to determine the nature and etiology of the Veteran's residuals of a hernia operation and insomnia. The case will be remanded for this purpose.

The Veteran's claim for service connection for an abdominal disorder, claimed as lower right abdominal pain, is being remanded due to the need for a new VA examination and additional medical records.

The Board has reopened the claim of recognition as the surviving spouse of the Veteran for VA death benefits purposes and finds that the appellant is entitled to this status.

The evidence does not show that the Veteran's nasal deviation of the septum meets or exceeds the criteria for a compensable evaluation, thus his claim is denied.

The Veteran's death was not service-connected, and he did not have a pending claim for compensation or pension at the time of his death. The Board found that burial benefits were not warranted as per VA regulations.

The Veteran's claim for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code is granted due to her involuntary separation from service due to a physical condition not characterized as a disability and not the result of willful misconduct.

The Veteran withdrew her appeal for a higher rating for ulcerative colitis before the Board could make a decision.

The Board has determined that the appellant's claim for service connection for cause of death cannot be reopened due to lack of new and material evidence. Her income exceeds the maximum countable income for pension benefits, thus she is not eligible for nonservice-connected death pension or accrued benefits.

The Board has determined that the Veteran's preexisting endometriosis clearly and unmistakably existed prior to her military service, but did increase in severity during service. Therefore, service connection for endometriosis is granted.

The Veteran's chronic alcoholism and dementia have been granted service connection, with the latter being secondary to his service-connected conditions.

The Veteran's service-connected residuals of closed head injury and fracture of T4-T8 right transverse process of vertebrae have been rated appropriately, with the exception of a separate rating for tinnitus since January 28, 2010.

The Board found that the Veteran's right foot disability was not incurred in or aggravated by active service, and is not proximately due to, the result of, or aggravated by, a service-connected disability. The claim for a temporary total rating under the provisions of 38 C.F.R. § 4.30 for a right foot disability was also denied.

The Veteran's appeal is being remanded for further development and readjudication, including obtaining additional medical records and a supplemental opinion regarding the nature and extent of his service-connected equilibrium problems.

The Board has determined that the Veteran did not incur chemical burns of the bilateral lower arms or mild dysplasia leukemia (also claimed as myelodysplasia) during service and that these conditions are not related to his military service.

The Board has determined that the Veteran's surviving spouse is not eligible for nonservice-connected death pension benefits due to income exceeding the maximum annual pension rate.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be handled in an expeditious manner and the Veteran should be scheduled for another hearing.

The Veteran's initial compensable rating for residuals of a fragment wound to the right forearm was denied, and his claim for an increased disability rating for facial scar residual of shell fragment wound was also denied.

The Board has ordered a remand due to the need for further examination and opinion regarding the relationship between the Veteran's service-connected bronchitis and her claimed cardiac arrhythmias. The case will be returned for readjudication.

The Board denied the Veteran's claim for additional allowance for school attendance of his dependent child, M.S.F., over 18 years old, based on school attendance from Fall 2001 through Summer 2005. The decision found that the Veteran did not provide updated information about his dependents within one year after his son turned 18 and began attending college.

The Board found that the Veteran's notification of his divorce and remarriage in March 2000 was valid, thus resolving the issue of an effective date earlier than September 1, 2006 for considering his current spouse as a dependent. The debt in the amount of $11,206 was also found to be valid.