Other conditions decisions — 2006

The Board has remanded the case due to incomplete records and need for further medical examination.

The veteran's claim for service connection for malaria is denied as there is no current diagnosis of the condition.

The Board found that the veteran's anal fistula was not incurred in or aggravated by service and denied his claim.

The Board denied the veteran's claim for service connection for actinic keratosis, finding that it was not incurred or aggravated by active service and could not be presumed to have been so incurred due to herbicide exposure in Vietnam.

The Board has determined that the appellant does not meet the criteria to be recognized as a child of the veteran for DIC benefit purposes due to his current age and marital status.

The Board found that the cause of the veteran's death, degenerative debility, was not caused by any injury or condition incurred in service. The appellant's claim for service connection for the cause of the veteran's death has been denied.

The Board denied the claim as the appellant was not married to the veteran at the time of his death, and therefore cannot be considered his surviving spouse.

The Board finds that the appellant is entitled to recognition by VA as the surviving spouse of the deceased veteran for purposes of VA benefits.

The VA denied an initial compensable evaluation for L4-L5 facet arthropathy, finding that the veteran's range of motion and symptoms do not warrant a higher rating.

The Board has granted service connection for recurrent otitis media and chronic urticaria, both of which were incurred during the veteran's period of active service.

The Board has remanded the case due to a lack of waiver for AOJ consideration and additional development is required.

The Board denied the veteran's claims for service connection and a compensable evaluation for loss of sense of smell and taste, finding that there was no evidence linking these conditions to his military service or any service-connected disability.

The veteran's death was not service-connected, and the appellant did not file a timely application for VA burial benefits or pension benefits. Therefore, both claims are denied.

The veteran's service-connected restrictive-obstructive lung disease associated with malignant lymphoma did not meet the criteria for a 100 percent rating under the revised criteria for rating pulmonary disabilities, effective October 7, 1996. The post-bronchodilator PFT values were used in evaluating his respiratory disability.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error because it did not specify the date of the Board decision to which the motion relates.

The appellant's left arm disability is not the result of negligence, malpractice, or other fault on the part of VA. The Board finds that there is no evidence to support a finding of unforeseen consequences from the surgery.

The Board denied both issues on appeal. For the issue of increased evaluation for blindness in the right eye, the Board found that a higher rating than 30 percent is not warranted under any applicable Diagnostic Codes. For the issue of competency to handle disbursement of funds, the veteran was found incompetent.

The Board is remanding the case for additional development due to insufficient reasons and bases in the prior decision, failure to provide adequate VCAA notice, and unclear marital status of the appellant.

The Board denied an effective date prior to January 13, 2003 for service connection of functional bowel disease due to the lack of a formal or informal claim received by VA before that date.

The veteran's service connection claim for residuals of a puncture wound of the right foot is granted as it is related to his in-service injury.