Other conditions decisions — 2001

The veteran's death was not service connected, and the appellant did not submit a complete application for burial benefits within two years of her father's burial. The claim is denied.

The VA has determined that the veteran's claimed conditions of soft tissue sarcoma, basal cell carcinoma, and obstructive lung disease were not incurred in or aggravated by service. The VA does not recognize these conditions as etiologically related to exposure to herbicide agents used in Vietnam.

The veteran's recurrent ventral hernia disability is manifested by no more than pain, abdominal tenderness, restricted lifting, climbing, bending and crawling, and virtual inoperability. The Board has determined that the criteria for a 100 percent evaluation have been met.

The VA determined that the veteran's service-connected post-operative residuals, furunculosis of posterior neck does not warrant a rating higher than 10 percent due to lack of active infection and no functional limitation.

The veteran's cause of death was not incurred in or aggravated by service, and may not be presumed to have been incurred in service.

The veteran's service-connected left eye disability, characterized by a scotoma of 5 to 10 degrees just off the optic nerve, is currently rated at 10 percent and does not meet the criteria for an increased rating.

The Board denied the appellant's request to reopen her claim for service connection for the cause of her husband's death, finding that no new and material evidence had been submitted.

The Board has determined that the veteran's current spouse, L., can be recognized for purposes of his nonservice-connected disability pension benefits. The evidence provided by the veteran and corroborated by his brother and parents is sufficient to meet the criteria.

The Board has determined that the appellant had no recognized military service with the United States Armed Forces, and therefore is not considered a 'veteran' for purposes of entitlement to VA benefits.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted with an effective date of June 8, 1998. This decision is in accordance with the applicable criteria.

The Board has denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits in the amount of $4,909. The case is remanded to allow further development and consideration.

The veteran's TDIU claim was granted effective December 8, 1999, based on his service-connected thrombophlebitis of the left leg.

The Board found that the evidence did not establish a new factual basis for service connection, and thus denied the claim.

The Board granted service connection for laryngitis and assigned a 30 percent rating, effective from the date of grant.

The Board denied the claims for service connection for the cause of the veteran's death and basic eligibility for VA death pension benefits, finding that there was no evidence linking the cause of death to service.

The Board has determined that the veteran's service-connected partial amputations of the tips of the middle and ring fingers of his left hand do not warrant an evaluation in excess of 10 percent, as there is no evidence of functional impairment or other symptoms beyond tenderness and soreness. The effective dates for the grants of service connection remain February 28, 1997.

The Board denied the claim of entitlement to service connection for the cause of the veteran's death on a direct basis, finding that VA care did not contribute to his death.

The Board denied a 100% schedular rating for service-connected nervous disorder and a TDIU appeal. The decision was based on the evidence at that time, which did not support granting these benefits.

The case is remanded to the RO for actions including scheduling a 'Travel Board' hearing and obtaining a power of attorney from the appellant.

The Board denied the veteran's claims for reopening his service connection claims due to lack of new and material evidence, concluding that the submitted evidence was either cumulative or did not address the specific matters under consideration.