Other conditions Board decisions

The Board has determined that the Veteran's current pulmonary disability is not related to his active service, and therefore denied his claim for service connection.

The Board dismissed the appeal as there is no new claim for DIC pursuant to 38 U.S.C.A. § 1318 since the December 2004 decision.

The Board has granted the reopening of the claim for service connection for the cause of the Veteran's death and has also granted the claim itself, finding that new evidence received since the March 2004 rating decision is sufficient to reopen the case.

The Veteran's claim for a respiratory disorder was denied as there is no current diagnosis of such a condition. The claim for an acquired psychiatric disorder (PTSD and depression) has not been adjudicated.

The Veteran's claim for a disability rating in excess of 10 percent for residuals of a fracture of the left femur is being remanded due to insufficient evidence and failure to notify the Veteran of an upcoming VA examination.

The Veteran's chronic lymphocytic leukemia was not shown in service or for many years thereafter, and there is no competent evidence that the condition is related to his military service.

The Board denied a rating in excess of 20 percent for service-connected TMJ, finding that the Veteran's inter-incisal distance was at least 34 millimeters prior to June 9, 2012, and since then has been between 21-30 millimeters. The maximum allowable rating under DC 9905 is 20 percent.

The Board denied DIC benefits based on service connection for the cause of death due to dehydration and electrolyte imbalance caused by anal fistula, finding no evidence of herbicide exposure or service-connected conditions related to the cause of death.

The Board has decided to remand the case for further development, including a request for information regarding unreimbursed medical expenses from the appellant's children. The termination of death pension benefits to the Veteran's children is under review.

The Veteran's appeal is being remanded due to the need for additional medical evidence and a new VA examination.

The Board has determined that the record is insufficient to make a decision on the Veteran's claim for nonservice-connected pension benefits due to incomplete information regarding his income and expenses. The case is being remanded for further action.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for plexopathy of the left leg, which he contends was caused by a December 2007 surgery at a VA facility. The claim is currently pending and requires additional development to obtain relevant medical records and determine if there was fault on the part of VA in causing his qualifying additional disability.

The Board denied the Veteran's claims for an initial compensable rating for hallux valgus of the right first toe and a total disability rating for individual unemployability (TDIU). The Veteran was not granted any new ratings or benefits.

The Veteran's son submitted a claim for accrued benefits, but there was no pending claim at the time of the Veteran's death. Therefore, the appellant has no legal entitlement to accrued benefits.

The Veteran's right breast pain and swelling during service have been diagnosed as fibrocystic breast disease, which the Board finds to be incurred in service.

The appellant is not recognized as the Veteran's surviving spouse because she was legally divorced from the Veteran at the time of his death, and therefore does not meet the legal requirements for VA benefits.

The Veteran's appeal has been dismissed due to their passing away prior to a final decision.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at Corning Hospital from April 27, 2011, through May 3, 2011 is being remanded due to the need to obtain treatment records and provide a medical opinion regarding whether VA or other Federal facilities were feasibly available.

The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38 United States Code because her period of eligibility ended on her 26th birthday. The Veteran's death was adjudicated to be service-connected after the appellant reached her 26th birthday.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.