Other conditions decisions — 2014

The Board found that the appellant's 2009 countable income for VA death pension benefits was correctly calculated and denied her claim.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim regarding his character of discharge, but the case is remanded for further development including obtaining a determination from the Army Board for Correction of Military Records. The appeal remains about service connection at this stage.

The Board has restored the Veteran's disability rating for adjustment disorder with depressed mood from 50 percent to 50 percent effective as of the date of the decision.

The Veteran's claim for service connection for a lung disability, including as due to in-service asbestos exposure, is denied. The Board found no evidence of a chronic lung disorder during or immediately after service and insufficient medical evidence linking the current condition to service.

The Board denied the claim as the Appellant was not a child of the Veteran under either 38 C.F.R. § 3.57(a)(1)(i) or (iii) at the time she filed her claim in August 2010, and her marriage is a bar to receiving pension or compensation from VA as a 'helpless child' of the Veteran.

The Board found that the Veteran does not have current residuals of a shell fragment wound to the top of his head, and thus is not entitled to service connection.

The Veteran's appeal for reimbursement of unauthorized medical expenses has been dismissed due to his death.

The Board granted a rating of 40 percent for service-connected duodenal ulcer, the maximum available under the applicable rating criteria.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this case.

The Board has determined that the Veteran's hiatal hernia is not etiologically related to her active duty service and was not caused by hospital care, medical or surgical treatment, or examination furnished by VA. Therefore, the claim for service connection for a hiatal hernia, including entitlement to compensation under 38 U.S.C.A. § 1151, has been denied.

The Veteran's TMJ disability has been rated as 10 percent disabling since June 1, 1945. The Board has determined that the evidence supports a higher rating of 20 percent for this condition.

The Board has remanded the case for another VA examination to determine if the Veteran's joint symptoms are due to an undiagnosed illness or can be attributed to known medical causation, and whether any diagnosed disability is at least as likely as not incurred in service.

The Veteran's claim for service connection for a stomach disability is being remanded due to the need for an examination and additional development of her medical records.

The Board denied reopening the claim for service connection for dizziness and loss of balance secondary to a service-connected disability. The new evidence received did not provide material information that would support the claim.

The Veteran's claims for automobile and adaptive equipment, as well as special monthly compensation based on aid and attendance were granted by a March 2011 rating decision with an effective date of April 2, 2008. The appeal is dismissed due to the grant of these benefits.

The Veteran's dental condition is not service-connected as there is no evidence of trauma or missing teeth during his military service, and the claim is denied.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a left eye problem with operation (blind). The Board also finds that the Veteran's left eye problem is proximately due to, or the result of, her service-connected diabetes mellitus, type II and hypertension.

The Veteran's liver disorder to include hemangiomas and left hepatic lobectomy residuals is not service connected as it was not shown during active service or for many years thereafter, and there is no evidence linking the condition to herbicide exposure. The skin disorder claim is pending.

The Veteran seeks service connection for right little finger injury residuals, which he claims is related to a fall caused by his service-connected knee and lumbar spine conditions. The Board has determined that the current examination report is inadequate and requires further clarification on whether the Veteran's current right little finger disability is proximately due to or the result of a service-connected disorder.

The Veteran withdrew his appeal of the issue regarding nonservice-connected pension benefits.