Other conditions decisions — 2015

The Board denied service connection for the cause of the Veteran's death because the appellant lacked eligibility to apply for DIC benefits due to her being an adult daughter, not a child.

The Veteran's claim for a higher rating for residuals of fractures of the right superior ischiopubic ramus and both inferior ischial rami, including myofascial pain syndrome, was denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the appellant's income exceeds the maximum annual pension rate, thus denying his claim for nonservice-connected pension benefits.

The Veteran's right tibia and fibula fracture residuals do not more nearly approximate a compensable evaluation, as there is no evidence of malunion or nonunion of the tibia and fibula with slight knee or ankle disability.

The Veteran's right medial meniscectomy has been rated at 10 percent since August 12, 1971. The RO found that the current evaluation adequately reflects his symptoms and granted a continued rating of 10 percent.

The Board has determined that the Veteran's acute myelogenous leukemia (AML) is at least as likely as not related to herbicide exposure in service, specifically Agent Orange exposure.

The Veteran's left eye ptosis was rated at 10 percent from November 22, 2010 and a rating in excess of 10 percent is not warranted.

The Board found that the Veteran does not have lichen planus due to any incident of his active duty service and therefore denied his claim for service connection.

The Board has remanded the case due to non-compliance with previous orders and a need for additional medical records. The Veteran's claim will be reconsidered after these actions.

The Board determined that the appellant is not a valid claimant for VA death benefits as she did not meet the criteria to be recognized as the Veteran's surviving spouse.

The Board denied the Veteran's claim for nonservice-connected death pension benefits as he did not serve during a period of war, and therefore does not meet the threshold requirement for basic entitlement.

The Board has decided to remand the case for further investigation of the appellant's National Guard service, including verification from Illinois, New York, and California National Guards. The appeal will be reconsidered after this additional information is obtained.

The Board has granted service connection for residuals of right eye injury due to a paintball injury during active duty, but denied service connection for residuals of nose injury as there is no credible evidence linking current symptoms to service.

The Veteran's orthostatic hypotension was manifested by occasional dizziness from July 2, 1995 to December 19, 2002 and warrants a 10 percent rating.

The appeal has been dismissed due to the appellant's death.

The Veteran claims service connection for a lung disorder, including as due to asbestos exposure. The case is being remanded for further development and examination.

The Board has determined that the Veteran's current left TMJ dysfunction is caused by his service-connected left zygomatic fracture, and thus grants service connection for this condition as secondary to the service-connected disability.

The Veteran's appeal was denied because he did not file a timely Notice of Disagreement with the October 2011 decision regarding his eligibility for post-9/11 GI Bills benefits within one year.

The Veteran's unauthorized medical expenses incurred for emergency medical services provided at a non-VA medical facility on March 3, 2009 are granted as the treatment was necessary due to a MVA and potential life-threatening injuries.

The Board has determined that the appellant does not meet the legal requirements for recognition as the Veteran's surviving spouse for VA death benefit purposes due to her remarriage, and thus denied her claim.