Other conditions Board decisions

The Board denied retroactive DIC benefits as the appellant is not eligible to be considered a surviving spouse due to remarriage.

The Board has restored the veteran's original 40 percent disability rating for Raynaud's disease, finding that there was no material improvement in his condition under ordinary conditions of life.

The veteran's claim for an increased rating of his service-connected subtotal gastrectomy and vagotomy is being remanded due to the need for additional medical records, including those related to anemia.

The Board has ordered a remand to obtain medical opinions regarding the relationship between the veteran's tonsil cancer and his service in the Persian Gulf. The case will be re-adjudicated after this additional development.

The Board denied the appellant's claim for VA death benefits as her spouse did not have active military service, and therefore she is not eligible.

The Board denied the appellant's claim to reopen his service connection for Non-Hodgkin's Lymphoma (NHL) because the submitted evidence did not show that he was exposed to herbicides or pesticides during service, and thus could not establish a nexus between his NHL and service.

The Board found that the evidence received since the May 1996 denial is not new and material, thus denying the reopening of the claim for service connection for the cause of the veteran's death.

The VA denied the veteran's claim for an initial rating in excess of 10 percent for chronic sialadenitis, status post left submaxillary gland excision. The VA found that the scar resulting from the surgery is superficial and painful but does not meet criteria for a higher rating based on disfigurement or limitation of motion.

The VA denied a higher initial evaluation for kyphosis of the thoracic spine at T7-8, currently rated as 20 percent disabling. The veteran's disability is manifested by limitation of forward flexion to 40 degrees.

The veteran's delimiting date for Chapter 30 educational assistance benefits was properly adjusted to February 24, 2002. The Board denied the extension of his eligibility period.

The Board has denied the veteran's claim for reopening his previously denied claim of service connection for esotropia and amblyopia of the right eye. The issue of service connection for colon cancer is pending.

The veteran's claim for service connection for dental residuals, which are secondary to a fracture of the left mandible, is being remanded due to the failure to schedule him for a requested hearing.

The Board has determined that the appellant's per capita income distributions from gaming activity on tribal trust property are properly considered as countable income for purposes of VA death pension benefits.

The veteran's appeal is being remanded due to deficiencies in the notice provided and a need for additional evidence regarding his employment and daily life impact.

The veteran received emergency medical care for chest pain and shortness of breath at Memorial Hospital in Jacksonville, Florida on May 4, 2005. The claim is granted as the treatment was timely filed, emergent, and no other appropriate facilities were feasibly available.

The Board denied the appellant's claim for non-service-connected disability pension benefits due to a lack of active military service for VA benefit purposes.

The appellant's spouse did not have active military service for the purpose of establishing entitlement to VA death benefits, and therefore the appellant is not entitled to death benefits.

The Board has denied the veteran's claims for service connection for gastrointestinal disability and a disorder of the lips, finding that there is no competent evidence linking these conditions to his military service or any service-connected disabilities.

The veteran's total disability rating for ventral hernia was in effect for over 10 years prior to his death, allowing the appellant to receive DIC benefits under 38 U.S.C.A. § 1318. The claim of entitlement to service connection for cause of death is moot as a result.

The Board denied service connection for a sleep disorder and restless leg syndrome, finding that these conditions are not related to the veteran's service. The evidence did not support a finding of an injury during INACDUTRA or a link between the disorders and service.