Other conditions Board decisions

The Veteran's combined disability rating was 90 percent since March 2008, but he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as his ratings were not continuously rated totally disabled for at least 10 years immediately preceding death or five years after discharge.

The Board has determined that the Veteran's current back disability, diagnosed as degenerative disk disease and spondylolisthesis with severe stenosis, had its onset during service. Therefore, service connection is granted.

The Board found that the Veteran's VR&E benefits were properly discontinued due to her failure to cooperate with providing necessary documentation for a feasibility determination and Individualized Written Rehabilitation Plan (IWRP). The appeal is denied.

The Board incorrectly denied service connection for the cause of the Veteran's death due to a failure to apply relevant laws and regulations, particularly regarding willful misconduct and proximate cause. The decision would have granted service connection if these errors had not occurred.

The Board has determined that the Veteran's adenocarcinoma to include distal esophagus, gastroesophageal junction, and proximal stomach, as well as pancreatitis, are not related to service or exposure to herbicides.

The Veteran's claim for an increased rating for residuals of a fractured distal shaft of the left tibia was denied as his disability is rated at 10 percent, which is the maximum schedular rating available.

The Veteran's current skin conditions, including lichen simplex chronicus, pruritus and post-inflammatory hyperpigmentation, are being remanded for further evaluation due to the need for an addendum opinion regarding whether his service-connected anxiety disorder caused or aggravated these conditions.

The Veteran's appeal for service connection for cancer due to radiation exposure was dismissed because the Veteran died while his appeal was pending.

The Veteran's service-connected diverticulitis is rated at 10 percent, and the Board finds that a higher rating is not warranted based on his symptoms.

The Veteran requested to withdraw his appeal for transferring education benefits under the Post 9/11 GI Bill from himself to his dependent child. The Board has dismissed this issue as a result.

The Board denied the Veteran's claim of service connection for MGUS, finding that it is not a disability for VA purposes.

The Board denied service connection for the cause of the Veteran's death due to congestive heart failure, finding that there was no evidence of herbicide exposure and insufficient medical evidence linking the condition to service.

The Veteran's claim for TDIU prior to July 23, 2009 is being remanded as the Board finds that a remand is required due to conflicting opinions and evidence regarding his ability to work.

The Veteran's service-connected ingrown toenail disability is denied a compensable rating as it does not meet the criteria for any of the applicable diagnostic codes. The low back disability is remanded due to inadequate examination.

The Veteran's claim for a compensable disability rating for his service-connected prostatitis with non-specific urethritis is being remanded due to the need to obtain updated medical records and documents related to his Social Security Administration (SSA) disability benefits.

The Veteran's left knee disability was granted a rating of 20 percent from April 20, 2009 to May 31, 2009 for flexion limited to 30 degrees. A higher rating is denied prior to that period and since June 1, 2009.

The Veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) benefits because she was over the age of 26 when her father became permanently and totally disabled, as required by VA regulations.

The Board has remanded the case due to inadequate examination in determining whether peripheral vascular disease had its onset during service or is otherwise related to service.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for purposes of establishing entitlement to VA death benefits, based on her marriage to the Veteran prior to his death and her continuous residence with him.

The Board of Veterans' Appeals has determined that the overpayment of VA special monthly pension was not properly created and is therefore granted. The net worth of the Appellant did not include the value of her irrevocable trust, which means she was not considered to have an excessive net worth for purposes of receiving pension benefits.