Other conditions decisions — 2006

The Board found that the veteran's death was not caused by or related to service-connected conditions, and denied both the claim for service connection for the cause of death and eligibility for Dependents' Educational Assistance under Chapter 35. The Board also noted that the appellant did not meet the criteria for basic eligibility for dependents' educational assistance due to lack of a permanent service-connected disability at the time of her husband's death.

The Board denied the veteran's claims for service connection for shortness of breath and fatigue, finding that there was no medical evidence linking these conditions to his military service.

The Board found that the veteran's spleen and liver symptoms and findings have been medically attributed to diagnosed conditions, and the competent medical evidence demonstrated they are not related to service.

The Board has remanded the case for further development and readjudication, including obtaining an examination to determine if the veteran's left hip disorder was aggravated by his military service.

The Board denied the veteran's claim for a higher schedular rating for his cardiac disability and remanded the ancillary issue of whether he is entitled to a higher rating on an extra-schedular basis. The decision found that the regular schedular standards adequately described and provided for the veteran's disability level - 60 percent.

The veteran has additional disability manifested by chronic pain in the area at and around the surgical incision site as a residual of VA surgery in February 2001. The Board finds that there is evidence of such disability, which can be characterized as a disability manifested by chronic pain at and surrounding the surgical incision site, due to an unforeseeable consequence of VA surgery.

The VA determined that the veteran's current lung disability is not related to his service, including exposure to asbestos. The Board found no evidence of an in-service lung disability and concluded that any current lung condition is not related to military service.

The Board has vacated its April 2006 denial of the appeal and is remanding the case for further development due to a lack of consideration of recent medical evidence.

The VA has denied the veteran's claim for an increased rating for his right ear conductive deafness, finding that a compensable evaluation is not warranted prior to September 6, 2002, and that a 10 percent rating is appropriate thereafter.

The Board has determined that the veteran's fatal squamous cell carcinoma of the oropharynx, which metastasized to his lungs, was caused by his in-service exposure to Agent Orange. As such, service connection for the cause of the veteran's death is granted.

The veteran's claims for service connection for immersion foot and intestinal problems were denied. Service connection was granted for low back strain with a rating of 20%, effective January 15, 2002. However, the claim for an increased rating for low back strain from September 26, 2003 onwards remains pending.

The veteran requested to withdraw his appeal regarding a rating in excess of 10 percent for painful cord-like mass on left hypothenar with Dupuytren's contracture of the left little finger.

The veteran's appeal to receive increased pension benefits was dismissed as he did not file a timely Substantive Appeal.

The Board found that the veteran's benign prostatic hypertrophy was not incurred in or related to his military service, and denied his claim for service connection.

The Board denied the veteran's claim for nonservice-connected pension benefits as new and material evidence was not presented to reopen the claim. The veteran did not serve during a period of war, which is required for nonservice-connected disability pension.

The Board has determined that the veteran's claimed residuals, cold injury to fingers are not related to his military service and thus denied his claim for service connection.

The Board denied the appellant's claim as her deceased husband did not have qualifying service to establish eligibility for VA benefits.

The veteran's claim for service connection for a dental disorder to obtain VA outpatient treatment was denied as there is no legal basis for such connection.

The veteran's current deformity of the penis is considered service-connected as it resulted from surgery performed during his military service.

The Board has remanded the veteran's claims for additional development due to incomplete notification and examination.