Other conditions decisions — 2005

The Board denied service connection for a hiatal hernia, finding no evidence of a nexus between the condition and military service.

The veteran's claim for a rating in excess of 40 percent for his service-connected herniated nucleus pulposus at T7-8 with neuralgia was granted, effective September 1, 2000.

The Board denied the appellant's claim as she was not legally married to the veteran at the time of his death, and thus cannot be recognized as his surviving spouse for VA benefits purposes.

The Board denied service connection for the cause of death and DIC pursuant to 38 U.S.C.A. § 1318, finding that no service-connected disability caused or contributed substantially or materially to the veteran's death.

The veteran's claim for service connection for a status post thoractomy, residuals of esophageal leiomyoma is being remanded due to the need for further examination and development. The issue of entitlement to service connection for allergies remains pending.

The Board found that the veteran's CREST syndrome was not incurred in or aggravated by active service and denied his claims for service connection. The issue of residuals of a right ankle sprain was also denied on the merits.

The Board denied the veteran's claims for service connection for a balance condition as secondary to otitis media, left ear and for a compensable disability evaluation under the provisions of 38 C.F.R. § 3.324.

The veteran's appeal is being remanded to obtain VA treatment records and conduct additional examinations. The issues of service connection, PTSD evaluation, and hearing loss evaluation are pending.

The Board has determined that there is no evidence of a chronic left leg injury in service and the preponderance of the evidence does not support a finding that any current disability is related to service. Therefore, the claim for service connection for residuals of a left leg injury is denied.

The veteran is seeking a TDIU based on his service-connected right elbow disability. The claim has been remanded due to the need for updated medical records and an examination.

The veteran is seeking service connection for right toe injuries sustained during his military service. The VA has not been able to locate all of the veteran's service medical records, particularly those from Camp Endicott Hospital in Rhode Island where he claims treatment occurred. Further examination and review of available records are needed to determine if a current right toe condition is related to his military service.

The Board found that the veteran's back injury, which occurred in October 1996, was not incurred or aggravated during his National Guard service. The VA examiner concluded that the veteran's current level of impairment is consistent with the natural progression of a bulging lumbar disc.

The Board denied the veteran's claim for an effective date earlier than December 17, 2002, for a 100 percent rating for chronic brain syndrome associated with skull injury.

The veteran died of pneumonia and did not have a service-connected disability at the time of his death. Therefore, he is not eligible for VA burial benefits.

The veteran's death was not caused by his own willful misconduct and he was in receipt of or entitled to receive compensation for a service-connected disability at the time of death. However, the veteran did not have a 100% disability rating for any period prior to his death, thus denying DIC under 38 U.S.C.A. § 1318.

The Board denied service connection for cataracts in March 1996. The veteran has submitted new evidence of cataracts, but it is not considered material as it is cumulative. Service connection for dry eyes, corneal macula, and punctal stenosis remains unresolved.

The Board has remanded the case for additional development due to VCAA compliance issues.

The Board has remanded the case for additional development due to VCAA notification issues and obtaining an unredacted copy of a VA Administrative Board investigation memorandum.

The Board has denied service connection for exogenous obesity and dismissed the secondary service connection claim for diabetes mellitus due to exogenous obesity as moot.

The Board of Veterans' Appeals has determined that the veteran's postoperative perineal abscess was incurred during service and granted service connection for this condition.