Other conditions decisions — 2006

The Board found that the appellant and the veteran did not have a valid common law marriage, thus she is not entitled to recognition as the surviving spouse of the veteran for purposes of VA death benefits.

The Board has determined that additional development is needed, including obtaining SSA records and ensuring the appellant's submission of any pertinent evidence. The claims will be remanded for further action.

The Board has denied the appellant's claim of entitlement to service connection for her husband's cause of death, finding no basis to allow service connection on a direct or presumed basis.

The Board found that the veteran's right knee disability, including his partial medial meniscectomy and degenerative joint disease, does not warrant a higher rating than the current 10% evaluation.

The Board has ordered the VA to obtain medical records from Aetna, and then to readjudicate the claim for service connection for the cause of the veteran's death. The appellant will be given an opportunity to respond.

The appellant withdrew his appeal before the Board could make a decision. As a result, the appeal is dismissed.

The veteran's claim for an increased disability rating for his service-connected shrapnel wound of the left thigh with involvement of the vastus lateralis muscle is being remanded due to the need for a VA examination and additional medical records.

The appeal is being remanded due to the need to review the veteran's educational file for information on his dependents during the 1950s.

The Board has determined that the veteran is likely to have cold injury residuals involving his upper extremities and right lower extremity, which are service-connected.

The veteran's death was caused by a service-connected disability, but he did not have malnutrition, dysentery, beriberi, or malaria during his lifetime. The appellant is not eligible for nonservice-connected death pension benefits due to her husband's recognized military service.

The Board has remanded the veteran's claims for additional development due to incomplete evidence and need for further examination. The veteran is seeking an increased rating for his service-connected arthritis of the right hip, as well as service connection for bilateral heel spurs.

The Board denied the veteran's claim for an effective date prior to August 29, 2003, for the award of nonservice-connected disability pension as he did not file a claim for such benefits prior to that date.

The Board has granted service connection for dental disorders solely for the purpose of determining entitlement to VA outpatient dental treatment and examination purposes, as these conditions are secondary to the veteran's service-connected diabetes mellitus.

The Board has determined that the veteran's nasopharyngeal carcinoma with metastatic lymphoepithelial cancer was not incurred in or aggravated by active service and may not be presumed to have been incurred in service. The claim for service connection is denied.

The Board found that the veteran's residuals of his left arm laceration did not meet the criteria for a compensable rating, and thus denied his claim.

The veteran's claim for an increased rating for his service-connected bilateral cryptorchism is being remanded due to the need for a new VA examination and updated medical records.

The Board denied the veteran's request for a waiver of overpayment in the amount of $986.16, finding that he was at fault for not reporting changes in his children's dependency status and marital status promptly, resulting in an overpayment. The Board concluded that recovery would not be against equity and good conscience.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the cause of death and exposure to herbicides.

The Board denied the veteran's claims for service connection for multiple-joint arthritis and hypertension as secondary to his service-connected duodenal ulcer disease, as well as his claim for a total disability rating based on individual unemployability due to service-connected disability. The increased rating claim for duodenal ulcer disease was also denied.

The Board has determined that there is no evidence of a left leg disability in service and the claim for service connection for residuals of a left leg injury must be denied.