Other conditions decisions — 2005

The veteran's appeal was dismissed due to his death, and the issue of including his spouse's income in pension computation is moot.

The Board found that the veteran's pre-existing left foot condition did not undergo aggravation during service and denied his claim for service connection.

The Board has determined that the appellant is not entitled to reinstatement of DIC benefits for the requested period from May 1, 1984, to December 1, 1999, and her request for waiver of recovery of an overpayment of DIC benefits was denied due to her failure to timely notify VA of her remarriage and divorce.

The VA determined that no new and material evidence had been received to reopen the appellant's claim for service connection for the cause of the veteran's death.

The Board denied all claims for service connection, DIC benefits under 38 U.S.C.A. § 1151, and DIC benefits under 38 U.S.C.A. § 1318 due to lack of evidence linking the veteran's death to his service-connected condition or any other condition.

The Board has determined that further action is required to fulfill the VA's duty to assist in the development of the veteran's claim for service connection for bilateral foot disorders. The case is therefore remanded to the RO via the AMC.

The veteran's claim for service connection for colon cancer was denied as there is no evidence of the disease during active duty or within one year after discharge, and it is not a presumptive condition related to Agent Orange exposure.

The Board has determined that the veteran does not have a current disability related to his left eye injury in service, and thus cannot establish service connection.

The veteran's claim for a higher rating for insomnia and fatigue was denied, as the symptoms did not meet the criteria for a higher rating. The issue of service connection for depression secondary to service-connected insomnia and fatigue is remanded due to insufficient evidence.

The Board denied the appellant's claim for death pension benefits due to her income exceeding the statutory limits, regardless of the veteran's honorable service.

The Board has determined that the veteran's low back pain, to include degenerative joint disease at L5-S1, warrants a 20 percent evaluation.

The veteran's initial claim for a higher rating for his throat disability was granted, and he is now receiving a 60% rating effective February 12, 2004. Prior to that date, the condition did not meet the criteria for any higher rating.

The Board finds that the veteran's left leg nerve damage is not due to VA care, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The veteran's service-connected stress fracture of the left tibia and fibula does not result in any current impairment or permanent disability, thus a compensable rating is denied.

The Board has determined that the veteran's current respiratory disorder was caused by his active service, and thus grants service connection for a respiratory disorder.

The veteran seeks service connection for skin rashes of the face, scalp, and groin areas. The case is being remanded due to the need to obtain SSA disability benefits records.

The Board has remanded the case due to uncertainty regarding the nature and etiology of the veteran's pes planus, a condition that may be related to his service. The RO is instructed to schedule the veteran for a VA examination to determine if he currently has pes planus, whether it existed prior to service, and if so, whether it increased in severity during service.

The Board has determined that the veteran's death in October 1979 was not caused by any service-connected condition, and thus denied the claim for service connection for the cause of the veteran's death.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The appellant's husband had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces and is not eligible for VA benefits.