Other conditions decisions — 2005

The Board of Veterans' Appeals has denied the veteran's claim for basic eligibility for educational assistance under Chapter 1606, Title 10, United States Code due to the termination of his eligibility on July 22, 1996.

The Board found that the appellant's improved death pension benefits were properly terminated effective August 1, 2003 due to her income exceeding the statutory limit.

The veteran's unauthorized medical expenses of $921.90 incurred during his hospitalization from September 7, 1992 to October 1, 1992 are approved as the treatment was for a service-connected condition and no other VA facility was feasibly available.

The Board denied the veteran's claims for service connection for peripheral vascular disease and entitlement to specially adapted housing or a special home adaptation grant, finding that there was no evidence linking the conditions to service.

The Board found that the appellant's multiple violations of the Uniform Code of Military Justice (UCMJ) in service constitute a pattern of willful and persistent misconduct, which constitutes a bar to VA compensation benefits for disability incurred during his period of active military service.

The veteran's skin disorders are being remanded for further development, including a VA examination to determine if they are related to service exposure to sun and/or radiation. The claim will be reconsidered based on the new evidence.

The Board found that cancer of the right tonsil region was not incurred in or aggravated by service, including exposure to herbicides. The veteran's claim for service connection based on Agent Orange exposure was denied.

The Board has determined that the veteran did not file a timely substantive appeal regarding an earlier effective date for a grant of a 10 percent evaluation for recurrent costochondritis of the left chest wall, and thus the claim is denied.

The Board has determined that the veteran's esophageal cancer, which caused his death in November 2001, was related to his service exposure to herbicides, specifically Agent Orange. As a result, the cause of the veteran's death is now considered service-connected.

The Board has determined that the appellant's left knee chondromalacia patella, with large horizontal tear of the medial meniscus, was not incurred or aggravated in service and denied his claim for service connection.

The Board has remanded the case for further action including issuance of a statement of the case with regard to accrued benefits, compliance with VCAA notice and assistance provisions, and obtaining the veteran's service medical records from the Adjutant General of Alabama.

The veteran's appeal for an increased disability rating for his service-connected incisional hernia and status post exploratory laparotomy was dismissed as the representative withdrew the appeal after a 20 percent evaluation was granted.

The case is remanded to obtain a clarifying medical opinion regarding the severity and manifestations of the veteran's service-connected disability, specifically her endometriosis.

The Board has determined that the veteran's current left hand disability, specifically radial nerve disorder, is not related to his service and thus denied his claim for service connection.

The veteran's claim for an increased rating for his right fifth metacarpal osteotomy is being remanded due to the need for additional medical evidence and a VA examination.

The veteran's claim for an increased rating and permanent total disability rating for his service-connected hairy cell leukemia was denied. The reduction from a 100 percent to a 30 percent evaluation was also denied, as the evidence did not show that he met the criteria for restoration of a 100 percent evaluation. Basic eligibility for dependents' educational assistance under Chapter 35 was also denied.

The VA medical opinion concluded that the service-connected intervertebral disc syndrome did not contribute substantially or materially to cause the veteran's death from congestive heart failure and urosepsis.

The Board has determined that the veteran's herpes simplex was incurred during service and grants the claim for service connection.

The Board is remanding the case to provide notice of what evidence has been received and not received by VA, as well as who has the duty to request and/or secure pertinent evidence. The appeal will be considered on whether new and material evidence has been submitted to reopen a claim for service connection for the cause of the veteran's death.

The Board has granted service connection for infertility due to exposure to ionizing radiation, finding that new and material evidence supports reopening the claim.