Other conditions decisions — 2006

The Board denied the claim to reopen the cause of death due to lack of new and material evidence, as the provided evidence did not raise a reasonable possibility of substantiating the claim.

The Board has determined that the veteran's asbestos-related pleural disease, including interstitial scarring, pleural thickening and calcifications, is related to his military service. Service connection for this condition is granted.

The Board found that the veteran's pre-existing strabismus, amblyopia, and esotropia of the left eye were congenital or developmental defects and not diseases or injuries under VA purposes. The evidence did not show an increase in severity during service beyond the natural progression of the disease process.

The veteran's claim for nonservice-connected pension benefits was denied because his service did not meet the basic eligibility requirements, specifically due to a lack of qualifying wartime service in Vietnam.

The Board has remanded the case due to inadequate VCAA notice and will provide proper notification as required by law.

The Board denied service connection for dental trauma and facial deformity, including sinus and right nose disorders, finding that there was no evidence of a service injury or trauma. The veteran's current conditions are not related to his military service.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for residuals of a head injury and nervous condition. However, additional development is necessary prior to considering the substantive merits of these claims.

The Board denied the veteran's claims for service connection for Epstein-Barr syndrome and panic disorder with agoraphobia, finding that there was no evidence of a chronic condition during service or related to service.

The veteran's claim for an increased evaluation of a traumatic cyst in his right index finger is being remanded due to inadequate VCAA notice.

The Board has remanded the case for a Travel Board Hearing to be held at the RO in Manila.

The veteran's claim for a compensable evaluation for granuloma, secondary to an elective vasectomy and claimed as testicular pain is being remanded due to the need for additional VA examination and consideration of his voiding dysfunction.

The Board dismissed the appeal because the veteran died before a decision could be made.

The Board has determined that the veteran's right inguinal hernia residuals do not meet the criteria for an increased rating beyond the current 10 percent evaluation.

The Board denied the veteran's claims for service connection for the cause of death and accrued benefits based on a pending claim for special monthly pension, based on the need for aid and attendance. The appeal is remanded to obtain additional medical records from VA facilities in Grand Island, Nebraska and Topeka, Kansas.

The Board's January 1984 decision denying a TDIU rating is found to be based on clear and unmistakable error, allowing for the restoration of the TDIU rating.

The veteran's T4 paraplegia, which causes the loss of use of his feet, meets the eligibility criteria for automobile or adaptive equipment under 38 U.S.C. § 3902.

The Board found that the appellant's character of discharge is a bar to VA benefits due to willful and persistent misconduct, but not insanity at the time of offense.

The Board has determined that the veteran's urinary incontinence and bowel incontinence do not meet the criteria for higher disability ratings as they are currently evaluated, with no evidence of severe or occasional moderate leakage or involuntary bowel movements requiring absorbent materials.

The Board determined that the appellant's award of improved death pension benefits was properly calculated and later terminated on the basis that her annual income exceeded the income limit for such benefits, and evidence warranting resumption of such benefits has not been presented.

The Board has decided to remand the case for additional development, including providing proper VCAA notice and obtaining medical records. The claim of service connection for an eye disorder will be reopened if new and material evidence is submitted. For the right hand injury, a VA examination will be conducted to determine whether any current disability is related to a laceration and burn injury in service.