Other conditions Board decisions

The Board has remanded the case for additional development and due process concerns. The appellant is to be scheduled for a videoconference hearing at the West Los Angeles RO before a Veterans Law Judge.

The veteran's hypertension and dysthymic disorder were evaluated, but the evidence did not meet the criteria for a higher rating. The claim was denied.

The Board found that the proximate cause of the veteran's claimed conditions was not due to VA carelessness, negligence, or similar fault. The events were not reasonably foreseeable.

The veteran's claim for an increased rating for his service-connected duodenal ulcer is being remanded due to inadequate VCAA notice and the need for a contemporaneous VA examination.

The veteran is seeking service connection for tarsal tunnel syndrome of the right foot as secondary to his service-connected type II diabetes mellitus and atopic dermatitis. The case must be remanded to obtain VCAA notice, additional VA treatment records, and a VA examination.

The appellant's representative withdrew the appeal regarding VA burial benefits due to the Navy Department determining that his father served only on inactive duty status during his naval service, making him ineligible for a grave marker.

The Board found that the veteran's current left foot condition is not related to her service and denied her claim for service connection.

The veteran was awarded a total disability rating based on individual unemployability effective December 1, 1993. The appellant is the dependent child of the veteran and is between the ages of 18 and 26 at the time of the award. She applied for Chapter 35 educational assistance and her application was received in October 2004. As she was within the age range specified, she may be eligible for an effective date of December 1, 1993.

The veteran's claim for a higher disability rating for his service-connected basal cell carcinoma is being remanded due to the need for additional examination and consideration of new evidence.

The VA denied an initial higher rating for iritis, finding that the veteran's condition did not meet the criteria for a compensable rating based on visual acuity or other symptoms.

The Board denied the appellant's request to reopen her previously denied claim for basic eligibility for Department of Veterans Affairs death benefits, stating that the new evidence submitted did not relate to an unestablished fact necessary to substantiate the claim.

The veteran's application for an extension of her Montgomery GI Bill eligibility was denied because it was not submitted within one year from the end of her original period of eligibility and beyond one year from when she no longer had a physical disability preventing her from pursuing education.

The Board has determined that the veteran's service-connected non-Hodgkin's lymphoma does not warrant an initial compensable rating due to the absence of active disease or treatment, and no residual physical effects have been observed.

The veteran withdrew his appeal regarding the waiver of copayment charges for medical benefits before a decision was made.

The Board has determined that the appellant is eligible for VA death benefits as the surviving spouse of the veteran, based on continuous cohabitation from the date of marriage to the date of the veteran's death.

The appellant's countable income exceeded the maximum allowable rate for a surviving spouse with no children, and thus she is not eligible for improved death pension benefits.

The veteran's claim for VA educational benefits was denied as he did not meet the basic service eligibility requirements provided by law.

The Board has remanded the case to the RO for additional development, including obtaining in-service medical records and VA treatment records. The veteran is also required to provide any relevant private healthcare provider information.

The Board found that the residuals of lower back strain had their onset during active military service and granted service connection for this condition.

The Board denied service connection for inflammatory arthritis and a sleep disorder, finding no evidence of current conditions or causation related to the veteran's active service.