Other conditions decisions — 2009

The Veteran's appeal is being remanded due to scheduling issues for a hearing. The issue of entitlement to non-service connected pension remains on hold until further notice.

The Board found that the Veteran's sinus condition is not related to his active duty service and denied his claim for service connection.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for VA purposes based on their common law marriage and continuous cohabitation.

The Board denied the Veteran's claim for an initial compensable disability rating for thrombocytopenia, finding that his platelet count has been consistently above 100,000 and did not meet the criteria for a higher rating.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran for VA benefits purposes due to her divorce from the Veteran in November 1973 and lack of evidence or argument that they had attempted to remarry each other after their divorce.

The Board denied the Veteran's claim for an increased evaluation for his patellar tendonitis of the left knee and did not reopen his previously denied claim for service connection for a right shin condition.

The RO denied the appellant's claim for nonservice-connected pension benefits as he had no recognized service in the U.S. Armed Forces.

The Veteran's degenerative joint disease of the cervical spine has not resulted in moderate limitation of motion, and his disability does not meet criteria for a higher rating.

The Veteran's appeal is about the initial disability rating for mechanical back pain. The RO granted service connection with a 10% evaluation effective July 30, 2004. The Veteran requests an increased rating.

The Veteran's fracture of the left mandible, which has healed with residual malocclusion, is currently rated at 10 percent. The Board found that this rating was appropriate given the moderate displacement and masticatory difficulty.

The Board has determined that the submitted evidence does not meet the criteria for reopening the Veteran's claim of service connection for varicose veins.

The Board has granted service connection for disability manifested by unsteadiness/loss of balance as a residual of the bomb blast experienced during service. The claim for residuals of a body concussion related to the bomb blast is denied.

The Board denied the appellant's claims for service connection for the cause of her husband's death, accrued benefits, and eligibility for non-service-connected death pension. The claim to establish permanent incapacity for self-support was remanded.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805, finding no support for a grant of benefits due to her Arnold-Chiari malformation and syringomyelia being considered manifestations of spina bifida.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran prior to their ceremonial marriage, finding that there was no evidence of a common law marriage under Alabama law.

The Board denied the Veteran's claim for non-service connected disability pension benefits. The Veteran appealed this decision to the Court, but died while his appeal was pending. As a result, the Court dismissed the appeal and vacated the Board's decision.