Other conditions decisions — 2005

The Board has determined that the appellant's military service does not meet threshold service eligibility requirements for VA pension benefits due to lack of qualifying wartime service.

The veteran's appeal is being remanded for further procedural development, including obtaining additional VA treatment records and readjudicating his claims of entitlement to special consideration for paired organs and extremities pursuant to 38 C.F.R. � 3.383 (2004) and entitlement to TDIU.

The Board denied the veteran's claims for service connection for lung and liver disorders, finding that there was no evidence linking these conditions to his military service or exposure to toxic chemicals. The claim for reopening a bipolar disorder was also denied.

The Board has determined that the veteran's current residuals of a head injury, including a nervous disorder, are related to his service and grants service connection for these conditions.

The appellant is not eligible for accrued benefits as a child of the deceased veteran due to age and other eligibility criteria.

The Board has determined that the veteran's current foot and toenail fungus is at least as likely as not related to disease or injury incurred during service, specifically basic training where he had ingrown toenails. The condition was diagnosed after service but is linked to his in-service conditions.

The veteran's claim for higher ratings for his left shoulder disability was denied. The initial rating of 20 percent has been maintained.

The Board denied the veteran's claim for service connection for residuals of head trauma, finding that there was no evidence linking his current disabilities to events during active service.

The Board found no evidence of onychomycosis during service and insufficient medical evidence to establish a nexus between the current condition and service. The claim for service connection was denied.

The Board has granted the veteran's claim for service connection for tonsillar carcinoma, finding that his exposure to an herbicide agent during service is presumed and that this exposure likely caused his cancer.

The Board denied the veteran's claim for an initial compensable disability rating for his right fifth metacarpal fracture with degenerative joint disease, finding no evidence of ankylosis or arthritis in two or more major joints. The maximum schedular evaluation under DC 5227 was not warranted.

The Board denied service connection for the veteran's claimed disabilities, including residuals of injuries to the front teeth and left side of the face, headaches, sinus infections, and cervical spine injury. The claims were not reopened due to lack of new and material evidence.

The veteran's service-connected left foot and ankle condition is rated at 10 percent, effective August 30, 2002. The RO granted service connection for the left foot and ankle condition but denied claims for right ear hearing loss, tinnitus, and a right foot condition.

The Board found that the veteran's current symptoms, including ataxia, diplopia, and left upper extremity tremor, are not caused by VA medical or surgical treatment in 1967. The Board concluded that these conditions were not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department.

The veteran's family income, after accounting for medical expenses, exceeds the maximum allowable limit for pension benefits with entitlement to aid and attendance. Therefore, he is not entitled to these benefits.

The Board has determined that the veteran's cancer of the right breast, which was diagnosed in January 2001, is likely to have had its onset during her period of active duty service. Therefore, the claim for service connection for the residuals of cancer of the right breast is granted.

The Board is remanding the case to the RO for a hearing and further development.

The Board has determined that the veteran's spinal and left hip disorders are secondary to her service-connected reflex sympathetic dystrophy of the left ankle and foot, and thus grants these claims.

The veteran's widow was awarded death pension benefits, but the claim for reinstatement is denied due to her remarriage not meeting the legal criteria set by VA regulations.

The veteran's right to VA benefits was forfeited due to knowingly submitting a fraudulent affidavit, which he later denied signing. The Board found the evidence beyond reasonable doubt that the veteran signed the false affidavit.