Other conditions decisions — 2005

The Board has determined that the veteran's service-connected basal cell carcinoma of the nose warrants a 10 percent disability rating, effective from August 1, 1992.

The Board found that the appellant was paid excessive VA disability pension benefits due to his failure to report his spouse's interest income, resulting in a validly created overpayment of $4,304. The Board also determined there was an indication of bad faith on the part of the appellant in creating this overpayment.

The Board denied the veteran's claims for service connection and cause of death due to small cell lung carcinoma, finding that it was not caused by or related to his military service.

The Board found that the cause of the veteran's death (atriial fibrillation and cardiopulmonary arrest) was not due to a service-connected disability, thus denying the claim for DIC benefits.

The Board has remanded the case due to the veteran's request for a videoconference hearing. The appeal will be handled in an expeditious manner.

The veteran's claim for service connection for ovarian cancer is being remanded due to the need for a medical opinion regarding whether the condition was present during or within one year after her discharge from active duty.

The Board denied the veteran's claim to reopen his previously denied service connection for bilateral chondromalacia, finding no new and material evidence.

The Board has determined that the VA Regional Office (RO) did not provide proper VCAA notice and is therefore remanding the case for further action.

The Board found that the veteran does not have any current residuals from an inservice allergic reaction to penicillin and denied service connection for this condition. The claims for food addiction, compensation purposes for a dental disorder, hearing loss in the left ear, and initial compensable evaluation for hearing loss in the right ear are also addressed.

The Board has ordered the RO to obtain any VA medical records from Oakland Park and Miami VAMC related to treatment for left calf hemangioma. The veteran is also asked to provide any additional relevant medical information.

The veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a new examination to evaluate his service-connected abdominal disability and left leg disability.

The Board has determined that the appellant cannot be recognized as the surviving spouse of the veteran for VA death benefit purposes, and thus is not entitled to DIC benefits.

The Board denied the veteran's claim for service connection for squamous cell carcinoma of the right tongue base with right neck metastasis, finding that it was not incurred during active duty or due to exposure to Agent Orange. The preponderance of evidence showed no direct link between the cancer and service.

The veteran's claims for service connection for dental trauma and initial ratings for left eye amblyopia with strabismus and left third finger disability were denied. The RO granted service connection but did not grant the requested increased ratings.

The Board has determined that the veteran's skin disorder is not related to his military service, including exposure to Agent Orange. Therefore, the claim for service connection is denied.

The VA denied an increased evaluation for the veteran's service-connected right fifth finger fracture, finding that the disability does not meet criteria for a compensable rating.

The Board finds that the appellant did not live continuously with the veteran from their marriage until his death, thus denying her claim for recognition as the surviving spouse.

The Board has determined that the veteran's current bilateral leg disability is not related to his active duty service and therefore denied his claim for service connection.

The Board has determined that the veteran's chronic lymphocytic leukemia was not incurred in or aggravated by active service and may not be presumed to have been incurred in service. The evidence does not establish a nexus between the current disability and service.

The Board has reopened the veteran's claim for service connection for a skin disorder of the feet due to new and material evidence submitted since the last final denial. The case is now on the merits.