Other conditions decisions — 2005

The Board has denied the veteran's claim for service connection for reflex sympathetic dystrophy, as claimed to be residuals of a right ankle injury in service. The evidence does not support a finding that the current condition is related to service.

The veteran was denied service connection for non-Hodgkin's lymphoma, as the condition is not shown to be related to his military service or any incident therein.

The Board denied the appellant's claim for basic eligibility for VA disability compensation benefits due to a lack of qualifying military service.

The Board found that the cause of the veteran's death (hypostatic pneumonia) was not service-connected and there were no pending claims for accrued benefits. The appellant's claim for nonservice-connected death pension benefits was also denied due to lack of evidence showing her husband had qualifying service.

The veteran is seeking service connection for a lung disability, which he claims is due to asbestos exposure during his military service. The case has been remanded for additional development of the medical records and for a VA respiratory examination.

The veteran's service-connected soft tissue sarcoma has not caused any functional impairment, and there is no evidence of recurrence. Therefore, he does not meet the criteria for a compensable evaluation.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a right lower extremity disorder, to include right lower extremity amputation due to lack of evidence showing negligence or carelessness on the part of VA in providing treatment.

The Board denied the veteran's claims for service connection for lung and cardiovascular disorders, both secondary to tobacco use in service, for purposes of accrued benefits. The evidence did not show that these conditions were related to service or due to tobacco use.

The Board denied the appellant's claim for an apportionment of the veteran's VA compensation benefits, finding that she was not eligible due to her divorce from the veteran.

The Board found that the veteran's lung disability, including pneumonia residuals and lung granuloma, was not incurred in or related to his active service.

The Board has remanded the case for further development, including a VA examination and compliance with VCAA requirements. The veteran is seeking an increased rating for his left radial head fracture with degenerative changes and an earlier effective date.

The Board has granted service connection for a respiratory disorder due to an undiagnosed illness, but denied the request for higher initial ratings and earlier effective dates.

The Board denied service connection for the cause of the veteran's death on a basis other than exposure to ionizing radiation. The appellant's claim was based on metastatic stomach or primary bile duct-liver cancer, but there is no evidence linking these conditions to service.

The veteran's claims for increased ratings for right myofascial pain syndrome with myalgia and loss of all teeth were denied. The RO assigned zero percent ratings effective from January 6, 1994.

The Board found that the veteran's pension benefits were properly discontinued due to unreported income from his estranged wife, resulting in an overpayment of $20,576. The veteran was denied a waiver of recovery for this overpayment.

The Board has determined that the veteran does not have a current eye disability, including as a post-operative residual for corneal abrasion, incurred during her period of service. The claim is denied.

The Board has restored the veteran's 20 percent disability rating for inflammatory arthritis, multiple joints after reducing it to noncompensable in August 1997. The reduction was not proper due to insufficient examination of the condition.

The Board found that the veteran's service-connected disabilities do not meet the criteria for a higher level of care or aid and attendance, as he is able to perform many activities of daily living with assistance.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board found no evidence of a nexus between the veteran's numbness and any incident in service, thus denying his claim for service connection.