Other conditions decisions — 2006

The Board has determined that new and material evidence has been received to re-open the veteran's claim for service connection for bilateral lower extremity thrombophlebitis. The case is now remanded for further development, including a vascular examination.

The veteran withdrew his appeal regarding the issue of whether his countable income is excessive for payment of nonservice connected pension benefits.

The Board has reopened the claim for service connection for thrombophlebitis with venous insufficiency of the left leg, but finds that it is not warranted due to lack of evidence linking the condition to service.

The veteran seeks service connection for Barrett's esophagus with hiatal hernia. The RO has requested a VA examination to determine the existence and etiology of any current gastrointestinal disabilities, including Barrett's esophagus.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking his heart failure and endstage cardiomyopathy to his military service.

The Board has remanded the case for further development, including obtaining a VA eye examination and locating any relevant medical records.

The Board denied the veteran's claim for service connection for malaria and also denied his petition to reopen his claim for service connection for a low back condition, finding that there was no competent and persuasive medical evidence of current or past malaria. The RO's May 1959 denial of service connection for a back condition is considered final.

The Board has determined that there is no evidence showing negligence or fault on the part of VA in providing medical care during the September 2001 VAMC radical prostatectomy, and thus compensation under 38 U.S.C.A. § 1151 for injury to the right obturator nerve sustained during this procedure is denied.

The Board has determined that the veteran's claim for additional compensation for a dependent spouse is denied as there was no valid marriage to his third wife, and he did not provide the required Declaration of Status of Dependents.

The veteran seeks an increased evaluation for his service-connected bilateral chondromalacia patella, but the RO/AMC has not yet determined a new rating. The case is being remanded to obtain additional development and re-adjudication.

The Board has determined that the reduction of the appellant's DIC benefits due to his incarceration for a felony conviction was proper and thus denied the appeal.

The Board has remanded the case due to insufficient evidence regarding the veteran's exposure to Benzene during service, and a request for verification of such exposure. The appellant's claim will be reconsidered based on this information.

The Board has granted a 10 percent rating for bilateral flatfoot, the initial noncompensable evaluation assigned by the RO. The veteran's bilateral flatfoot is manifested by pain on walking or prolonged standing and productive of moderate flatfoot.

The Board denied the veteran's claim for service connection for residuals of dengue fever, finding no competent evidence of current residuals or a link to his military service.

The appellant is not legally entitled to a reinstatement of VA death pension benefits due to the limitations on reinstatement provided by law.

The Board has determined that the appellant does not have qualifying service for VA benefits and therefore, his claim is denied.

The Board has remanded the cases of entitlement to a rating in excess of 10 percent for residuals of a left hand gunshot wound and entitlement to a compensable rating for malaria due to pending issues not yet addressed by the RO.

The Board has determined that the veteran's net worth is excessive and therefore precludes him from receiving nonservice-connected pension benefits.

The Board has dismissed the appeals for service connection for exposure to asbestos, a left temple scar, and a pinched nerve on the right side of face. The remaining issues are remanded for further development.

The veteran's appeal is denied as he did not meet the eligibility criteria for educational assistance under Chapter 30, Title 38, United States Code.