Other conditions decisions — 2005

The veteran's appeal is dismissed due to the death of the veteran during the pendency of the appeal.

The Board denied the appellant's claims for service connection for squamous cell carcinoma of the floor of his mouth and arteriosclerotic cardiovascular disease, finding that these conditions were not related to military service.

The veteran withdrew his appeal, and the case is dismissed.

The veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 was denied as there is no evidence that VA medical treatment caused additional disability.

The veteran's application for enrollment in the VA healthcare system was denied due to not meeting the basic eligibility requirements, as he does not have a compensable service-connected disability and is not eligible for priority category 8.

The appellant is not eligible for DEA benefits because he turned 26 on March [redacted], 2001, which was before the effective date of his father's permanent and total disability rating.

The appeal has been dismissed as the appellant withdrew their appeal before a decision was made.

The Board has denied the veteran's claims for service connection for a neck disorder and an increased rating for his left shoulder disability. The evidence did not support a finding of a current disability related to service, and the VA examiner opined that the veteran's myofascial neck pain was unrelated to any incident in service.

The Board denied the veteran's claim for an effective date earlier than April 11, 2002. The appeal is now remanded to obtain additional development and adjudication.

The veteran has withdrawn his appeal regarding the reduction of the rating for residuals of a left great toe fracture from 20 percent to 10 percent. The Board does not have jurisdiction to consider this matter as it is dismissed.

The Board has determined that the veteran's service-connected tonsillitis and pharyngitis do not meet the criteria for a compensable evaluation.

The Board has determined that the veteran does not have a current bilateral hearing disability associated with injury, disease or event noted during his military service. The preponderance of evidence is against the claim for service connection.

The Board determined that the appellant's failure to timely notify VA of her remarriage did not constitute fraud, misrepresentation or bad faith. The overpayment was created due to her fault and recovery would not deprive her of basic necessities.

The veteran was granted service connection for grand mal convulsions and a total disability rating based on individual unemployability due to his service-connected disabilities. However, he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as he did not receive or be entitled to receive compensation for a service-connected disability rated totally disabling for at least ten years immediately preceding his death.

The Board has determined that the veteran does not have a currently diagnosed radiogenic disease or other residuals, including radiation fibrosis, due to his period of active service. Additionally, there is no evidence of current hair loss or other residuals related to exposure to biological/chemical warfare agents (other than Agent Orange).

The Board denied service connection for the veteran's claimed residuals of shrapnel wounds to the groin, right hand, and chest as there is no medical evidence of current diagnoses.

The veteran's service in Thailand did not qualify him as a Vietnam veteran for purposes of the 38 U.S.C.A. § 1805 benefits, and thus his son is denied these benefits.

The Board has determined that the veteran's death may be presumed to have been caused by his service-connected larynx cancer, which is a disease subject to presumptive service connection due to exposure to herbicide agents in Vietnam.

The veteran's initial compensable evaluation for ligamentous strain with degenerative joint disease of the left ankle was granted before May 21, 2004. From May 21, 2004 to present, a higher rating than 10 percent is warranted due to moderate limitation of motion. The veteran's onychomycosis of the left great toenail received an initial compensable evaluation.

The Board denied the veteran's claim for a rating in excess of 10 percent for his right elbow disorder, finding that there was no evidence showing loss of extension or limitation of flexion beyond what was already established at the time of the initial grant of service connection.