Other conditions decisions — 2005

The Board has determined that the veteran's current granuloma of the right lung is not related to his military service and thus denied his claim for service connection.

The veteran's cause of death was listed as pneumonia, but there is no service connection for this condition. The appellant also attempted to establish eligibility for nonservice-connected pension benefits based on her husband's military service, but she is ineligible due to the nature of his prior service.

The veteran's disability rating for the residuals of a transsphenoidal hypophysectomy for a pituitary tumor was increased to 60 percent effective from April 17, 1995. A separate rating is also granted for residual pituitary tumor tissue.

The veteran's claims for service connection for testicular problems and prostatitis were denied. The claim for an increased evaluation for his herniated nucleus pulposus was also denied, as well as the claims for nonservice-connected pension benefits and TDIU.

The Board denied the veteran's claim for an original compensable rating for atrophy of the left testicle, finding that the evidence did not meet the criteria for a compensable evaluation under Diagnostic Code 7523.

The Board found that the veteran's end-stage liver disease, status post liver transplant, was not related to his military service and specifically denied his claim for service connection.

The Board has determined that the veteran does not have an acquired psychiatric disorder related to his active service and therefore denied his claim for service connection.

The Board has determined that the appellant does not qualify as a surviving spouse for VA benefits due to her marriage to the veteran being less than one year prior to his death and because she did not have any children from this relationship. The evidence does not indicate that their previous living arrangement could be considered a valid marriage under VA regulations.

The Board denied an increased rating for the veteran's service-connected spondylolysis at L5, finding that the evidence did not support a higher evaluation than the current 40 percent assigned since July 15, 2003.

The Board has determined that the veteran does not have current manifestations of residuals from his in-service shrapnel wounds to the right thigh and left leg, and therefore denied entitlement to compensable disability ratings for these conditions.

The Board finds that the veteran's unauthorized medical services provided at Massena Memorial Hospital in May 2004 do not meet the criteria for payment or reimbursement under applicable VA laws and regulations.

The Board found that the immediate and secondary causes of the veteran's death were congestive heart failure and ischemic and alcoholic cardiomyopathy, which were not related to service or any disability of service origin. The appellant's claims for accrued benefits purposes for a nervous disorder and a skin disorder were also denied.

The Board granted service connection for the veteran's status-post diskectomy at L5-S1 and assigned an initial 20 percent evaluation, effective June 30, 2002.

The Board has determined that the appellant did not have qualifying service in the United States Armed Forces and therefore does not meet the requirements for VA pension benefits.

The Board found that the veteran's status post ACL repair of the left knee warrants a 10 percent evaluation, as there is no evidence of moderate instability or recurrent subluxation. The appeal for an increased rating was denied.

The Board finds that the veteran's death was not caused by or a result of his service-connected disability, and thus service connection for the cause of the veteran's death is denied.

The Board denied a motion to revise the May 9, 1989 decision denying an earlier effective date for a permanent and total disability rating for pension purposes. The moving party failed to clearly specify any alleged errors in the decision.

The Board has determined that the veteran's current dental condition, which he claims is related to in-service treatment with silver nitrate, does not constitute a qualifying disability for VA compensation purposes and thus cannot be service connected.

The case is being returned to the RO for a review of issues related to service connection for the cause of the veteran's death and entitlement to payment of DEA benefits under Chapter 35, Title 38, U.S.C. The outcome will depend on the additional evidence provided.

The Board found that the veteran's dental disability was not incurred in or aggravated by service, and denied his claim for service connection.