Other conditions Board decisions

The Board has determined that the Veteran's service-connected status post laminectomy for herniated nucleus pulposus L5-S1 warrants a restoration of his previous 60 percent disability rating, effective from January 6, 2007.

The Board has determined that the Veteran's heart attack was not caused or aggravated by his service-connected major depressive disorder, and that his cardiovascular disease (CAD) and status-post myocardial infarction were not demonstrated in service or within one year of discharge. Therefore, the claim for service connection is denied.

The Veteran's right hand middle finger fracture and third finger soft tissue swelling are currently rated as 10 percent disabling, effective from the date of claim.

The Veteran is seeking service connection for painful bladder syndrome, which she asserts is secondary to her service-connected recurrent urinary tract infections. The Board has determined that a remand is necessary due to the inadequacy of the previous VA examination and the need for additional evidence.

The Board found that the effective date of October 6, 2006 for terminating the dependency status for the Veteran's stepdaughter was proper.,The debt in the amount of $4,270.67, created by terminating dependency status for the appellant's stepdaughter effective October 6, 2006, was improperly created due to VA administrative error.

The Veteran's claim for an earlier effective date for additional compensation for his spouse and dependent children was denied as there is no legal ground to provide such a date. The RO received the first communication regarding these dependents on March 20, 2009.

The Veteran's claims for service connection for lupus and a sleep disorder were denied as there was no evidence of current disabilities or in-service incurrence, and the Board found that the Veteran did not provide competent medical evidence to support his assertions.

The Board has determined that the Veteran's diverticulitis was not incurred in or aggravated by service and denied his claim for service connection.

The Board has determined that the Veteran's mood disorder had its onset during active service and is therefore granted service connection.

The Board has remanded the case due to incomplete records and a need for legal documentation of guardianship. The appeal is not ready for further appellate disposition.

The Board denied the Veteran's claim for service connection for memory loss and determined that new and material evidence had been submitted to reopen his claim for hearing loss, but did not grant it on the merits.

The Board has denied the Veteran's claims for service connection for residuals of a left eighth rib fracture and left hand strain. The claim for residuals of a left eighth rib fracture was denied due to lack of current disability, while the claim for left hand strain was withdrawn by the Veteran.

The Veteran's appeal for nonservice-connected pension was dismissed due to his failure to provide requested income information from his spouse within a year of the request.

The Board has determined that the Veteran's annual countable income exceeded the prescribed limit for entitlement to nonservice-connected disability pension benefits, and thus termination of his pension benefits was proper.

The Board denied a waiver of recovery of an overpayment of VA compensation in the amount of $13,777 due to the appellant's bad faith in failing to report her income for 2010 and 2011 until November 2011.

The Veteran died in 1984 and was buried at a marked gravesite in a private cemetery. The claim for a government-furnished headstone or marker is denied because the law did not apply to Veterans who died before November 1, 1990.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for purposes of establishing eligibility for VA death pension benefits.

The Veteran's lumbar spine disability, which is manifested by spondylitis and intervertebral disc syndrome, does not meet the criteria for an evaluation in excess of 20 percent.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim will be reconsidered based on all evidence.

The Board has granted service connection for the Veteran's ovarian cysts, finding that they are likely related to her pelvic pain experienced during active duty.