Other conditions decisions — 2002

The veteran died in May 1996 and was not service connected for any disabilities at the time of his death. The appellant's claim for Survivors' and Dependents' Educational Assistance under Chapter 35, Title 38, United States Code is denied as she lacks basic eligibility.

The Board denied the veteran's claims for increased evaluations for cold injury residuals of both feet, finding that the evidence did not support a higher rating than the current 10 percent assigned.

The Board found that the appellant is not the surviving spouse of the veteran for the purpose of payment of VA death benefits due to her divorce from the veteran in June 1977, which was valid under Louisiana law.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of entitlement to service connection for sterility as a residual of mumps. The claim is therefore denied.

The Board denied the appellant's claim for proceeds of her brother's National Service Life Insurance policy, finding that the veteran had testamentary capacity to designate his brother as beneficiary on August 29, 2001.

The Board found that the reduction of the combined disability rating for the veteran's residuals of combat wounds to the abdomen and chest from 30% to 20%, effective June 1, 2000, was not proper. The combined 30% rating is restored.

The VA determined that the veteran's service-connected herniated nucleus pulposus does not warrant an evaluation in excess of 40 percent.

The Board denied the veteran's claim for an increased rating for deep venous thrombosis of the right popliteal vein, finding that there was no basis for a higher rating based on the evidence provided.

The Board has determined that the veteran's current respiratory disorder is not related to his military service and therefore denied his claim for service connection.

The Board denied the veteran's application to reopen his claim for service connection for non-Hodgkin's lymphoma as a residual of exposure to Agent Orange and also denied an initial evaluation in excess of 10 percent for his left lower extremity disability.

The Board has denied the claim for service connection for the cause of the veteran's death, finding that there is no evidence to support the claim that the veteran's service-connected psychiatric disorder caused or contributed to his heart condition.

The veteran's appeal has been withdrawn by the appellant. As a result, there are no specific errors of fact or law to review.

The Board granted a higher rating of 40 percent for the service-connected muscular myalgia, finding that the veteran's symptoms were constant and refractory to treatment.

The Board found that the veteran's current gastrointestinal disability did not begin in service and is not otherwise attributable to service. The VA treatment records do not support a link between his exposure to tear gas during service and his current condition.

The Board found no evidence to support the veteran's claim that his stomach problems, including adenocarcinoma of the stomach, were related to service or exposure to Agent Orange. The preponderance of the evidence is against a relationship between any post-service stomach problem and service.

The Board denied the veteran's claim for service connection for the cause of his death due to degenerative debility, finding that it was not related to his military service.

The Board found that the veteran's current low back disability, diagnosed as degenerative joint and disc disease, is not related to his period of service. The scoliosis was first demonstrated in 1944 during service.

The Board found no evidence of a current chronic respiratory disorder and denied the veteran's claim for service connection.

The Board found that the veteran's hypertensive vascular disease warranted a 10 percent rating, as his blood pressure readings did not meet criteria for higher ratings.

The Board denied the veteran's claim for service connection for pain in his right buttock, finding no relationship between the injection received during active service and current disability.