Other conditions decisions — 2006

The Board denied the veteran's claim for basic eligibility for VA nonservice-connected pension benefits due to a lack of verified active service, as his service records showed he only served from February 5, 1975, to March 14, 1975. The Board also noted that he was not discharged from service for a service-connected disability.

The Board is remanding the case to ensure that all notification and development procedures under the VCAA are met, including addressing the effective date issue as required by Dingess v. Nicholson.

The Board has determined that the veteran's bilateral hip disorders are secondary to his service-connected right knee and lumbar spine disabilities, resulting in additional disability. The claim is granted.

The Board found that the veteran's Shy Drager Syndrome was not incurred in or aggravated by active service and is not related to his exposure to herbicides, specifically Agent Orange. Therefore, service connection for this condition cannot be granted.

The Board has determined that there is no evidence linking the veteran's current neurological disability to his service, including heat stroke. As a result, the claim for service connection is denied.

The Board has remanded the veteran's claims due to incomplete VCAA notification and need for a VA examination to determine the etiology of his left eye injury.

The Board has determined that the appellant's service-connected jaw disability, characterized by tenderness and pain, does not warrant a rating in excess of 10 percent.

The veteran's appeal is being remanded due to the need for additional evidence, specifically medical records from his Social Security Disability claim. The case will be reconsidered based on this new information.

The veteran's squamous cell carcinoma, unknown primary site of the head and neck is being remanded for additional development to determine if it is related to his herbicide exposure in Vietnam.

The Board has found new and material evidence to reopen the veteran's claim for service connection for bilateral foot disability. The case is remanded for further development, including a VA examination.

The Board dismissed the appeal due to the death of the appellant, as it has no jurisdiction over the merits of the claim.

The VA medical treatment provided on February 19, 2003 did not cause the veteran's current cardiovascular disability. The Board finds that the preponderance of evidence is against the claim for compensation under 38 U.S.C.A. § 1151.

The veteran's family income exceeded the maximum annual rate for payment of nonservice-connected pension benefits, resulting in denial of his claim.

The veteran's hiatal hernia is rated at 30 percent effective October 26, 2004. Prior to that date, he received a 10 percent rating.

The Board has denied the veteran's claim for a higher rating for his left ear mixed deafness, finding that he is not entitled to a rating higher than 10 percent based on the mechanical application of the numeric designations required by applicable regulations.

The Board found that the appellant was not the lawful spouse of the veteran at the time of his death, and thus is not entitled to recognition as the veteran's surviving spouse for VA benefits.

The Board denied a higher evaluation for the veteran's meralgia paresthetica of the left lower extremity, finding that the current 10% rating adequately reflects his symptoms and disability.

The Board has determined that the appellant's character of service is a bar to VA benefits due to his conviction by general court-martial, but not because of his discharge. The case is remanded for further review and consideration.

The Board denied the veteran's request for waiver of recovery of an overpayment of Chapter 30 education benefits in the amount of $1,425 due to fault on the part of the veteran and no fault on the part of VA. The decision also noted that repayment would not result in financial hardship.

The veteran's second marriage to Y.S. is not valid for VA purposes due to a prior undissolved marriage, and his claim to add Y.S. as his dependent spouse is denied.