Other conditions Board decisions

The Board has dismissed the appeal due to the death of the appellant.

The Board denied the Veteran's claim for an earlier effective date of May 30, 2008, for a grant of special monthly compensation based on the need for aid and attendance.

The Veteran's death was caused by coronary arteriosclerosis and a previous stroke, both of which are not service-connected. The VA physician found that the Veteran's cold injury to his feet did not contribute to his death.

The appellant is recognized as a 'child' of the Veteran for VA benefits due to her permanent incapacity to self-support prior to reaching the age of 18, established by her disability before and after turning 18.

The Board denied the appellant's claim for an extension of her delimiting date for DEA benefits beyond May [redacted], 2009, finding that she was not entitled to such extension due to lack of legal merit.

The Veteran's appeal for a higher educational benefits rate was denied because his total aggregate length of creditable active duty service after September 10, 2001, did not meet the minimum 24 months required to be assigned educational benefits at the 80 percent rate.

The Board denied the Veteran's claims for increased ratings, finding that his service-connected right ring finger disability did not meet the criteria for a rating in excess of 20 percent prior to July 21, 2009 and did not meet the criteria for a rating in excess of 40 percent since July 21, 2009.

The Veteran's claim for additional educational assistance under the Post-9/11 GI Bill is denied as he has already received a maximum allowable aggregate of 48 months of benefits.

The Board dismissed the appeal due to the appellant's death, as it has no jurisdiction over the case.

The Veteran's death occurred prior to the enactment of the American Recovery and Reinvestment Act, which provides for a one-time payment from the FVEC fund. As he did not file a claim before his death, he is not eligible for this benefit.

The Veteran's bladder infection with blood in the urine and urinary incontinence prior to April 28, 2004 was manifested by incontinence requiring the changing of absorbent materials more than four times a day, warranting a 60 percent disability rating.

The Board has granted service connection for low back disorder and legs/thigh disorder, assigning a 10% initial rating.

The Board denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for right leg and bladder/bowel disorders, finding that there was no evidence of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA medical personnel.

The Board denied the Veteran's claim for service connection for a right ovarian cyst due to her failure to appear for a necessary VA GYN examination and the lack of evidence showing the existence of an ovarian cyst related to service.

The Veteran's claim for a higher rating for residuals of an enlarged prostate was granted, with the effective date set at April 9, 2010. The initial rating assigned is 40 percent.

The Board has determined that the Veteran's loss of balance and dizziness are related to his service-connected hearing loss, and thus grants service connection for these conditions.

The Board is remanding the case to obtain additional service treatment records and service personnel records, as these may contain information regarding the reason for the Veteran's discharge due to a physical disability. The Veteran's claim will be readjudicated after obtaining this information.

The Board's June 8, 2010 decision is dismissed due to procedural issues and lack of a final decision.

The Veteran's service-connected left clavicle fracture disability does not meet the criteria for a TDIU, as it is not shown to prevent him from obtaining or retaining substantially gainful employment.

The Veteran's claim for service connection for residuals of a back injury is being remanded due to the need for additional development, including obtaining specific dates of his INACDUTRA service.