Other conditions decisions — 2005

The veteran's claims for increased evaluations were denied. The RO assigned a 30 percent rating for pleural residuals of perforating gunshot wound of the right thoracic cavity with retained foreign body, based on pulmonary impairment as determined by spirometry testing.

The Board denied the veteran's claims of service connection for prostatitis, stomach disorder, and degenerative joint disease as they were not linked to his military service or exposure to herbicides.

The veteran is appealing the determination of an overpayment in compensation benefits. The case has been remanded for further development and re-adjudication.

The veteran's appeal is being remanded for further development, including a VA examination to determine the current severity of his service-connected dermatophytosis of the feet and groin. The case will be readjudicated under both old and new regulations pertaining to rating skin disorders.

The Board has determined that the cause of death was not service-connected, and therefore denied service connection for the cause of death. The issue of Dependency and Indemnity Compensation under 38 U.S.C. § 1151 is remanded.

The Board found that the appellant, as the veteran's widow, does not have legal standing to revise the February 1983 rating action on the basis of CUE. The claim is denied.

The veteran's claim for reimbursement of unauthorized medical services is being remanded due to procedural and evidentiary issues. The case will be adjudicated again using the appropriate legal authority.

The Board found that the veteran did not file a timely Notice of Disagreement (NOD) regarding the RO's July 1989 decision terminating his Chapter 34 educational benefits, and thus does not have jurisdiction to consider the merits of the appeal.

The veteran died of causes unrelated to his service-connected disabilities. His surviving spouse is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as he was not in receipt of a total disability rating for at least ten years immediately preceding death.

The Board has determined that the veteran's lung cancer, which caused his death, was not incurred in or aggravated by service and is not related to any service-connected disability. Therefore, service connection for the cause of the veteran's death is denied.

The veteran's claims for service connection for myopia with astigmatism and initial evaluations for his lumbar spine, left eye disabilities were denied. However, the effective date of his grant of service connection for lumbar spine and eye disabilities was set at September 1, 2001.

The Board found that the veteran did not have a service-connected condition that caused or contributed to his death from interstitial pneumonitis due to Hodgkin's disease.

The veteran's claim for an increased rating from 30 percent for a gunshot wound to Muscle Group XI with a compound comminuted fracture of the right tibia was denied. The disability is rated as 30 percent disabling under Diagnostic Code 5311, which addresses impairment of Muscle Group XI.

The Board has remanded the case due to incomplete information regarding the appellant's employment history and mental health treatment, which may affect his eligibility for recognition as a helpless child of the veteran.

The veteran's income exceeds the maximum annual pension rate, so he is ineligible for nonservice-connected pension benefits.

The veteran's service-connected disabilities do not substantially confine him to his home as a direct result of these conditions, and he is therefore not entitled to special monthly compensation based on being housebound.

The Board has determined that the veteran's degenerative joint disease of the right hip was incurred in service and granted service connection.

The Board has determined that the veteran's traumatic arthritis of the right sacroiliac articulation warrants a rating of 40 percent as of February 4, 2003.

The Board is remanding the case to ensure that all necessary evidence has been obtained and considered, including medical records from the Memphis VAMC for the period of 1946 to 1953. The veteran's claim will be reconsidered based on this additional information.

The Board has determined that the veteran's varicose veins were not incurred in or aggravated by active military service.