Other conditions decisions — 2005

The Board has affirmed the RO's decision to grant an apportionment of the veteran's VA compensation benefits in the amount of $232.00 per month, which was paid the veteran as dependency allowance for a spouse. The preponderance of evidence supports this decision.

The Board found that the veteran's spherocytosis, subtype Band III clearly and unmistakably existed prior to his military service and did not increase in severity or chronically worsen during or due to his military service. Therefore, the claim for service connection was denied.

The Board has remanded the case for additional development, including obtaining private treatment records and determining if the veteran was exposed to radiation in service.

The Board has determined that the veteran's death was not caused by service-connected conditions, and his eligibility for Survivors' and Dependents' Educational Assistance under Chapter 35 of Title 38 U.S.C.A. is denied.

The Board has determined that the veteran does not have a current disability manifested by chronic heartburn, anemia and/or leukocytopenia, or residuals of a lip laceration.,Therefore, service connection for these conditions is denied.

The veteran's claims for service connection for periodontal disease were previously denied, and new evidence submitted does not meet the criteria to reopen these claims. The claim for cardiovascular disease was also denied, but new evidence has been received that meets the criteria to reopen this claim.

The Board has determined that there is no competent evidence of a current disability related to broken teeth or an injury to the left heel incurred in service. The veteran's claims for these conditions are therefore denied.

The veteran's varicose veins have a combined rating of 60 percent, which is considered as one disability for the purpose of meeting the percentage requirements for a total disability rating for compensation based on individual unemployability. The service-connected disabilities do not render the veteran unemployable or so helpless that he needs regular aid and attendance in order to protect him from the hazards or dangers of his daily environment.

The Board has denied the appellant's claims for service connection for the cause of her husband's death and for cardiovascular disease as secondary to PTSD, finding that there is no evidence linking these conditions to his service-connected PTSD.

The veteran's claim for an increased evaluation for his service-connected atrial fibrillation is being remanded due to the need for a new medical examination and additional records.

The VA determined that the veteran's adenocarcinoma involving a hilar lymph node was not incurred in or aggravated by service, and is not related to asbestos exposure during active service.

The Board denied the appellant's claim for VA disability benefits due to a lack of valid documentation verifying his military service.

The Board denied service connection for a chronic gastrointestinal disorder, including esophagitis, esophageal ulcer and hiatal hernia, as the evidence did not show a link to military service.

The Board has determined that the veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service. The cause of death listed on the death certificates is either asphyxiation due to drowning or cardiorespiratory arrest due to acute pancreatitis with hemorrhage, neither of which are related to any incident of service.

The Board found that the veteran's cause of death was not related to service and denied the claim for service connection.

The Board found that the October 1977 rating decision denying service connection for chondromalacia of the right patella is final and did not contain clear and unmistakable error (CUE).

The Board denied the appellant's request to reopen her claim for VA death benefits, finding that no new and material evidence had been presented to establish her spouse's recognized military service.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is denied as there is no evidence that VA acted negligently in inserting a PICC line, resulting in thrombotic syndrome and swelling/pain in his right arm.

The Board has determined that the veteran's claimed conditions, including hypogonadism with osteoporosis and residuals of a testicular injury to include sterility, were not incurred or aggravated by his active duty service.

The veteran's claim for service connection for his gastrointestinal disability is being remanded due to the need for additional development, including obtaining VA treatment records and medical opinions from treating physicians.