Other conditions decisions — 2006

The Board has granted the veteran's claims for service connection for throat cancer, nasal cancer, basal cell cancer, cancer of the saliva gland, and Hodgkin's disease, all claimed as due to exposure to radiation.

The Board has ordered the RO to obtain additional medical records and pursue a claim for Social Security Administration benefits. The case is now remanded for further development.

The Board has determined that the veteran's medical treatment from January 3 to January 6, 2003 was for a continuation of an initial emergency condition and that VA facilities were not feasibly available. As such, the claim is granted.

The Board denied a higher initial rating for impairment of anal sphincter control, finding that the veteran's disability did not meet the criteria for a rating greater than 30 percent.

The veteran's gastrointestinal disability, primarily manifested by abdominal pain with frequent bowel movements, did not meet the criteria for a rating in excess of 30 percent from April 1, 1995, through November 25, 1996.

The Board found no evidence to support the claim that the veteran's pituitary adenoma, which caused his death in April 1995, was related to service or exposure to ionizing radiation. The appeal is denied.

The veteran's skin rash and multiple joint/muscle pain have been attributed to known diagnoses. The Board denied service connection for these conditions as they are not related to his military service.

The Board denied service connection for the cause of the veteran's death, finding that his service-connected gunshot wound residuals did not contribute substantially or materially to his death from respiratory arrest due to cerebral edema. The hypertension found to have caused the cerebrovascular accident was not related to service.

The Board has determined that the veteran's atrial septal defect, which was present prior to service and not aggravated by military service, does not warrant service connection.

The Board has determined that there is no current evidence of residuals of spinal meningitis and the veteran's headaches are not related to service. Therefore, the claim for service connection for residuals of spinal meningitis is denied.

The Board has determined that the veteran's claim for service connection for cold injury residuals of the bilateral feet is denied as there is no evidence to support his contention.

The Board found that the cause of the veteran's death, pulmonary fibrosis, was not incurred in or aggravated by military service. The pre-existing eosinophilic granuloma existed prior to enlistment and did not worsen during service.

The Board has determined that there is no current right hand disability for which service connection can be granted. The veteran's bilateral upper extremities were noted to be abnormal during separation, but the absence of a diagnosed condition means service connection cannot be established.

The appellant's spouse had Philippine Recognized Guerrilla service, but this does not qualify for nonservice-connected death pension benefits.

The Board has determined that the veteran's service connection claim for back strain is denied as there is no evidence of a chronic condition in service and the current disability is not related to service.

The appellant is not eligible for VA death benefits as a child of the deceased veteran due to being over 23 years old and legally married.

The appeal is being remanded due to procedural issues, including the lack of proper notice and compliance with VCAA requirements. The veteran's representative was not properly notified of the appellant's substantive appeal or the hearing transcript.

The veteran's claim for service connection for venous stasis of the lower extremities with recurrent ulceration, claimed as due to cold weather exposure during his military service in Korea, is being remanded. The case will be reviewed after attempting to verify the veteran's service in Korea and obtaining a VA examination to determine if the condition was caused by cold exposure.

The Board denied the veteran's claims for increased evaluations of her patellofemoral pain syndrome of both knees and residuals of a fracture of C3, finding that the evidence did not meet the schedular criteria for higher ratings.

The Board has ordered additional development to determine the validity and amount of the overpayment before deciding on the waiver of recovery.