Other conditions decisions — 2005

The VA medical examiner could not determine the primary site of the veteran's cancer, and there is no competent evidence linking his cancer to exposure to herbicide agents during service.

The Board found that the appellant's discharge was issued under dishonorable conditions due to willful and persistent misconduct during service, which barred him from receiving VA compensation based on his period of active military service.

The Board has denied the veteran's claims for service connection for an osteochondroma of the left femur, a right inguinal hernia, and asbestosis. The claims were previously denied in April 1991 due to lack of medical evidence showing aggravation during service. New evidence submitted since then does not relate to this unestablished fact.

The Board has decided to remand the case for further development, including obtaining medical records and opinions regarding whether the veteran's Charcot-Marie-Tooth disease is related to his military service.

The Board has determined that no new and material evidence was submitted to reopen the claim for legal entitlement to VA benefits, resulting in a denial of the petition.

The Board has determined that the appellant does not have service in the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces and therefore is not considered a veteran for VA benefits purposes.

The Board has determined that the veteran's cause of death was not related to his active service and therefore denied the claim for service connection for the cause of the veteran's death.

The veteran's claim for an extension of his period of eligibility for educational assistance benefits was denied as he did not serve a later period of active duty nor was he prevented from pursuing or completing his program of education due to a disability.

The veteran's household income exceeded the 2001 income limit for entitlement to VA health care without a copayment requirement, and his appeal was denied.

The Board denied the claim for service connection for the cause of the veteran's death, finding that multiple myeloma was not related to radiation exposure during active duty.

The Board found that there is no medical evidence of nexus between appellant's claimed vision disorder and his military service, concluding that the current vision disorder is age-related. As such, the claim for service connection was denied.

The Board has determined that the evidence received since the March 1996 decision is not new and material, and thus may not reopen the claim of service connection for arthritis (including of the hips).

The veteran's claim for an increased rating for his bilateral epiphora disability is being remanded to the ROIC due to incomplete information and evidence. The VA will need to provide notice of what specific portion of any needed evidence he must submit, including employment or other records documenting the impact of his eye disability on his ability to maintain employment.

The Board found that the appellant may be recognized as the veteran's surviving spouse for purposes of entitlement to VA death benefits due to continuous cohabitation from the date of their marriage until the veteran's death.

The Board denied service connection for prostate disorder and soft-tissue sarcoma, finding no evidence of these conditions during or after service, including as a result of Agent Orange exposure.

The Board denied the veteran's claim for service connection for eight broken teeth, finding that there was no evidence of such condition in service or currently. The Board also found that the veteran did not qualify for outpatient dental treatment.

The veteran's claim for an increased rating for bilateral lower extremity compartment syndrome was granted. The earlier effective date of November 11, 2001 for service connection for residuals of right and left ankle sprains is also confirmed.

The Board has remanded the case for additional development, including obtaining a VA examination and reviewing the claims file to determine if there are any relevant records that have not been obtained.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, accrued benefits, and non-service-connected pension due to lack of qualifying service or legal eligibility.

The VA granted the veteran a 10 percent rating for dysthymia, which is the lowest possible rating under the applicable diagnostic code.