Other conditions decisions — 2006

The Board has granted a 20 percent rating for the veteran's residuals of carcinoma of the left testicle with retroperitoneal lymph node dissection, effective from the date of the decision.

The Board found that the veteran's death was not caused by his service-connected peripheral vascular disease, and thus denied the claim for service connection for the cause of death.

The Board has remanded the case for additional development, including obtaining service medical records and post-service treatment records. A VA medical opinion is also needed to determine if the veteran's cause of death was related to his Persian Gulf service.

The veteran's appeal for compensation under 38 U.S.C. § 1151 for repair of retinal detachment causing blindness of the left eye has been dismissed due to his death.

The VA has denied the veteran's claim for a higher rating for his right hand disability, finding that the evidence does not support an increase beyond the current 20 percent rating.

The appellant is not recognized as the veteran's surviving spouse for purposes of eligibility to receive VA death benefits.

The Board has determined that the appellant's discharge from service was under other than honorable conditions due to a prolonged period of unauthorized absence. The Board found no evidence of insanity during his military service and concluded there were no compelling circumstances warranting the prolonged absence. Therefore, the character of his discharge constitutes a bar to VA benefits.

The veteran died of an intracranial hemorrhage due to Alzheimer's disease and coronary artery disease. The appellant claims the death was caused by a physical assault at a VA-affiliated nursing home, but the Board finds no legal basis for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for further development to verify the appellant's service dates and determine if he qualifies as a veteran based on his claimed service in the United States Coast Guard or Merchant Marine.

The veteran's application for enrollment in the VA health care system was denied because it was received after January 17, 2003, and he is a nonservice-connected veteran.

The Board found no evidence linking the veteran's thyroid cancer, which resulted in a laryngectomy, to service or tobacco use therein. The veteran's laryngectomy was determined not to be related to nicotine dependence that began during service.

The Board has determined that the effective date for the grant of service connection for carcinoma of the prostate should be set at February 25, 2004. The veteran's accredited representative submitted a claim on or about this date.

The Board has remanded the case due to conflicting findings in the July 2004 VA orthopedic examination report and other issues related to the veteran's right elbow epicondylitis.

The Board denied the veteran's claim for service connection for the cause of his death due to squamous cell carcinoma of the esophagus, finding no evidence linking it to service or herbicide exposure. The eligibility for Dependents' Educational Assistance was also denied.

The Board denied the veteran's claim of service connection for a right leg disorder, finding that there is no evidence linking his current venous thrombosis to his active military service.

The veteran's claims for service connection for a bilateral hip condition and basal/squamous cell carcinoma are being remanded due to the need for additional development of his medical records.

The Board denied the claim as the appellant was not married to the veteran at the time of his death and did not meet the requirements for being recognized as a surviving spouse.

The Board has denied the veteran's request to reopen his claim of service connection for dental trauma with loss of teeth, finding that no new and material evidence has been received since the April 1968 rating decision.

The Board has granted a 20 percent evaluation for the service-connected healed separation of the left acromioclavicular joint, and is now considering whether to grant service connection for a cervical spine disorder secondary to the service-connected left shoulder disorder.

The veteran is seeking service connection for stasis ulcers and numbness of the right leg, which he claims are secondary to his service-connected coronary artery disease. The case has been remanded due to a request for a Travel Board hearing.