Other conditions decisions — 2006

The Board denied the veteran's claim for an increased rating for his service-connected bilateral defective hearing, finding that it did not meet the criteria for a compensable rating under the applicable VA Schedule for Rating Disabilities.

The Board denied the veteran's claim for service connection for left testicular orchialgia with low sperm count, to include as due to mustard gas exposure. The new evidence submitted does not raise a reasonable possibility of substantiating this claim.

The Board found that the cause of the veteran's death, metastatic adenocarcinoma of the stomach, was not incurred in or aggravated by active service and could not be presumed to have been incurred or aggravated due to exposure to herbicides. The appellant's claim for service connection based on Gulf War Syndrome exposure was denied.

The Board has determined that there is no evidence of a chronic disability characterized by recurrent syncopal episodes, and thus service connection for this condition cannot be granted.

The Board has determined that the veteran's Barrett's esophagus was not incurred in service and is therefore denied. The issue of an increased rating for residuals of a fracture of the posterior lip of the right tibia remains pending.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current cardiac disability is related to service.

The Board has reopened the claim of service connection for Charcot-Marie-Tooth disease due to new and material evidence presented since the last final denial. The case is now remanded for further development.

The Board found that the veteran's death was not caused by a service-connected disability and denied his claims for service connection for the cause of death, DIC under 38 U.S.C.A. § 1318, and basic eligibility to Dependents' Educational Assistance (DEA).

The Board denied the appellant's claim for an effective date prior to May 2, 2002 for dependency indemnity compensation (DIC) benefits because the first claim was received by VA on May 2, 2002, which is more than one year after the veteran's death.

The Board has remanded the case due to new evidence submitted by the veteran and a need for additional medical records. The veteran is seeking service connection for gout, which was diagnosed within one year of discharge from active duty.

The Board has remanded the case due to the need for additional treatment records and a VA examination.

The veteran's family income exceeded the legislative limits for nonservice-connected pension benefits, resulting in a denial of his claim.

The Board has reopened the appellant's claim to be recognized as the surviving spouse of the veteran due to new and material evidence, but denied her status based on a finding that she cohabitated with another man prior to the veteran's death.

The Board denied service connection for liver disease and PTSD. The veteran's claims were based on new evidence submitted after previous decisions, but the conditions were not found to be related to his military service.

The Board has remanded the case due to the need for additional development, including verifying military service and obtaining a copy of the veteran's death certificate. The appellant is also advised to submit financial information as required by VA regulations.

The veteran's appeal is being remanded for further development, including VA examinations to assess his current disabilities and their impact on his service-connected anxiety disorder.

The veteran's surviving spouse was not entitled to death pension benefits for the month of May 2003, and therefore there were no accrued benefits due at her time of death. The claim is denied.

The Board denied the appellant's claim for waiver of recovery of a $3,033 death pension overpayment due to it not being timely filed.

The Board has remanded the case due to insufficient evidence regarding the severity of the veteran's gout and its impact on his joints. The veteran is also required to be provided with proper VCAA notice.