Other conditions Board decisions

The Veteran died from a motor vehicle accident and was cremated under a county contract. The appellant applied for burial benefits, but the claim is denied as the Veteran did not meet any of the criteria for payment of burial benefits.

The Board has reopened the claim of entitlement to Dependents and Indemnity Compensation (DIC) and death pension benefits due to new evidence submitted by the Appellant. The claim is denied as she was not legally married to the Veteran at the time of his death.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because there is no competent medical evidence indicating that the deformity of his right hand was caused by VA treatment.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The Veteran's residuals of insertion of bilateral silastic cheek implants were rated at 10 percent prior to April 14, 2007 and in excess of 10 percent beginning April 14, 2007. The appeal is denied as the criteria for a higher rating are not met.

The Veteran's claim for payment or reimbursement of medical expenses not previously authorized that were incurred at Olympic Medical Center from January 21 to January 26, 2009 is denied as he does not meet the criteria under applicable statutes and regulations.

The Board has remanded the case due to incomplete service medical records and will review the claim in light of any new evidence.

The Veteran's claim for an increased disability rating for service-connected prostatitis, received June 30, 1994, also reasonably constituted a claim for service connection for epididymitis. The effective date of the award is set at June 30, 1994.

The Veteran's service-connected coccyx disability is currently rated at the highest available evaluation under Diagnostic Code 5298, which pertains to partial or complete removal of the coccyx. The RO found that the condition does not meet criteria for a higher rating as there was no ankylosis, persistent symptoms compatible with sciatic neuropathy, or incapacitating episodes.

The Veteran's low back disability was rated at 10 percent prior to February 22, 2005 and increased to 20 percent effective February 22, 2005. The appeal is denied as the criteria for higher ratings are not met.

The Board has found that the Veteran's current lower back disability is as likely as not related to his in-service injury, and thus service connection for residuals of a lower back injury is granted.

The Board denied the Veteran's claims for higher ratings for her service-connected chondromalacia patella of the right and left knees, finding that the evidence did not support a rating higher than 10 percent.

The Board has decided to remand the claim for further development, including obtaining VA treatment records and SSA disability determination records. The case will be reviewed again after these additional documents are obtained.

The Veteran's son, M.S., was entitled to additional compensation benefits for school attendance until July 20, 2008. The Veteran's daughter, L.S., is not entitled to additional compensation based on her school attendance as of March 13, 2009.

The Veteran's claims for higher initial ratings for right hip strain, left hip strain, cervical strain before January 4, 2010, and lumbar degenerative disc disease from January 4, 2010 were granted. The RO increased the rating for cervical strain to 30 percent effective January 4, 2010.

The Veteran's claim for an increased rating higher than 70 percent on an extra-schedular basis for his right hand disability was denied. The Board found that the residuals of a gunshot wound to the right hand are adequately contemplated by the applicable rating criteria and do not present an exceptional or unusual disability picture warranting an extra-schedular evaluation.

The Board has determined that the Veteran's gouty arthritis was incurred in service and grants service connection for this condition.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of exposure to Agent Orange or other presumptive conditions. The cause of death was due to pancreatic cancer with pleural effusion.

The Board has remanded the case to the RO for further development regarding whether the appellant's discharge from military service constitutes a bar to VA benefits.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current nature, extent, and severity of his shrapnel wound of the right upper arm.