Other conditions decisions — 2005

The Board has characterized the mitral valve rating issue on appeal as set forth above. The veteran does not have ischemic heart disease or depressed left ventricular function attributable to his military service and therefore, the claim for a higher initial evaluation is denied.

The Board has granted an effective date of July 14, 1999 for the award of service connection for lymphoma due to herbicide exposure. The veteran's claim was reopened based on new evidence submitted in August 2001.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of entitlement to service connection for a stomach disorder, including gastroenteritis. The issue will now be considered on its merits.

The appellant is not recognized as the surviving spouse of the veteran for VA benefits purposes, and her claims for service connection for cause of death and dependency and indemnity compensation under 38 U.S.C.A. § 1318 are denied.

The veteran's death was not due to a service-connected condition, and the appellant is not entitled to accrued benefits for a period of time in excess of two years.

The Board found that the cause of the veteran's death, progressive adenocarcinoma, is not service-connected and denied both claims for service connection and Dependents' Educational Assistance.

The Board determined that the veteran's left leg disability was not incurred in service and denied his claim for service connection. The skin disability claim, including exposure to herbicides, is pending.

The VA has granted a 40 percent rating for right leg varicose veins effective from September 18, 2002.

The Board has determined that the veteran's ankylosing spondylitis was not incurred or aggravated in service and may not be presumed to have been incurred therein. The claim for service connection is denied.

The Board found that there were no accrued benefits available for the appellant's claim of reimbursement for burial expenses, as she did not provide evidence showing she actually paid any of her mother's burial expenses.

The Board denied the veteran's claim for service connection for a liver disease or disorder manifested by elevated liver enzymes, finding that there was no current diagnosis and ruling out an undiagnosed illness.

The Board denied the veteran's claims for an earlier effective date for service connection and a higher initial rating for his service-connected residuals of colon cancer, finding that the evidence did not support entitlement to either benefit.

The VA determined that the veteran's current pulmonary disorder is not related to his service, specifically noting that there was no evidence linking his in-service pneumonia to his current condition.

The veteran's skin disorders were not shown to be related to service or herbicide exposure, and the claim is denied.

The veteran's claim is being remanded for further development, including adjudicating whether clear and unmistakable error (CUE) was committed in a previous rating decision. The effective date of the special monthly compensation based on loss of use of a creative organ will also be determined.

The VA has denied the veteran's claims for initial compensable disability ratings for rhabdomyolysis and Osgood-Schlatter disease, finding that there is no evidence of current disabilities or symptoms related to these conditions.

The veteran's appeal is being remanded for additional development, including a neurological examination to determine the extent of his right upper extremity disability and whether it affects locomotion.

The Board finds that the veteran's skin disorders, including actinic keratosis and basal cell carcinoma, were reasonably due to service. The evidence supports a finding of direct service connection.

The Board has denied the veteran's claims of service connection for a mitral valve prolapse and an increased rating for hypertension. The veteran did not have a mitral valve prolapse during or within one year after military service, nor is it due to his service-connected hypertension.

The veteran's daughter, who is the appellant, does not meet the eligibility criteria for educational assistance benefits under Chapter 35 due to her reaching the age of 26 before the effective date of the veteran's permanent and total disability rating.