Other conditions decisions — 2005

The Board found that the appellant did not qualify as the veteran's surviving spouse for purposes of VA death benefits due to a lack of evidence supporting a valid common law marriage.

The Board has remanded the case for further development due to issues regarding the veteran's claimed stressors during service.

The veteran's appeal for service connection on the issue of residuals of lead or fuel poisoning has been withdrawn. The case is being dismissed.

The Board has determined that the veteran's dental trauma to teeth numbers 7, 8, 9 and 10 is service-connected for the purpose of receiving VA dental treatment. The issue of residuals of a head injury (claimed as dementia) was also granted. However, the claim for an increased disability rating for hypertension with headaches remains denied.

The Board has determined that the appellant did not timely file a Notice of Disagreement (NOD) regarding the termination date for educational assistance benefits, and thus does not have jurisdiction to review the merits of this issue.

The veteran's heart disability, post-pacemaker implantation for auriculoventricular block with history of chest pain and dizziness, was rated at 10 percent prior to May 30, 2003. As of that date, the VA determined a 60 percent rating is warranted based on an ejection fraction within the range of 30-50 percent.

The veteran's bilateral hand problems are not considered to be caused by the VA surgeries performed in August 1984, June 1988 and January 1989.

The Board denied initial compensable evaluations for hallux valgus with degenerative joint disease of the left foot and hallux valgus of the right foot.

The Board finds that the preponderance of the evidence is against the veteran's claim for compensation under 38 U.S.C.A. § 1151 for left eye blindness, claimed as due to April 1999 VA medical treatment. The evidence does not show additional disability in the left eye as a result of the April 1999 VA medical treatment and benefits pursuant to 38 U.S.C.A. § 1151 are not warranted.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that his heart condition was not caused by VA medical treatment and did not result in additional disability.

The VA denied the veteran's claim for an evaluation in excess of 20 percent for his residuals of a shell fragment wound of the pleural cavity with retained foreign bodies, as these symptoms do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found that the veteran's left eye disability was not caused or worsened by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.

The Board denied an increased disability rating for the veteran's service-connected residuals of gynecomastia, status post mastectomy and did not grant service connection for bilateral carpal tunnel syndrome as secondary to service-connected disabilities.

The VA determined that the veteran's right foot disability, characterized by progressive pain and healed fractures, does not warrant a higher evaluation than the current 10 percent rating.

The veteran's claims for service connection and increased evaluations were denied. The Board found that the full mouth extraction of teeth #1-32 was not due to periodontal disease within the required timeframe, and his vision loss is considered a refractive error which cannot be granted as service-connected.

The case is being remanded to ensure that the contested claims procedures have been followed. The veteran and appellant need to be provided with a copy of the SOC, their Substantive Appeal, or its content, and given an opportunity to respond.

The Board has determined that new and material evidence was not received to reopen the veteran's claim of service connection for non-Hodgkin's lymphoma, as his previous claim was denied in September 1989. The RO considered all available records at that time, including service medical records and VA outpatient/inpatient records, but did not find any evidence linking the veteran's current condition to his military service.

The Board has determined that the veteran's breast cancer and nerve injury residuals are not service connected due to lack of evidence showing a causal link between these conditions and her use of Premarin during military service.

The Board denied the veteran's claim for an effective date prior to April 30, 2003 for the grant of service connection for a total laryngectomy with aphonia due to squamous cell carcinoma. The legal criteria have not been met.

The veteran's service-connected right foot and lip disabilities are currently rated as 10 percent disabling. The Board found that the evidence did not support a higher rating for either condition.