Other conditions decisions — 2006

The Board has determined that the veteran's systemic lupus erythematosus was not incurred in or related to his active service, and thus denied the claim for service connection.

The veteran is entitled to an effective date of June 1, 1996 for the award of benefits based on dependents.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA death benefits, finding that she was not legally married at the time of his death and her divorce from the veteran in May 1973 is considered final.

The veteran's service is not considered active military service for the purpose of death pension benefits, and therefore the appellant is not eligible for nonservice-connected death pension benefits.

The veteran claims that his cerebrovascular accident (stroke) was caused by a VA carpal tunnel surgery, and he is seeking compensation under 38 U.S.C.A. § 1151. The Board has ordered further examination to determine the nature and extent of any residuals from the stroke.

The Board found no evidence of a current diagnosis of colon cancer, Crohn's disease, or ulcerative colitis. The veteran's service records do not show any complaints or diagnoses related to these conditions during his active duty. Service connection was denied as there is no direct link between the claimed disabilities and his military service.

The Board denied the appellant's request to reopen his claim of basic eligibility for VA benefits, finding that no new and material evidence had been presented.

The Board denied the claim for an earlier effective date for service connection of lung adenocarcinoma, finding that March 26, 2002 is the earliest date on which the veteran could have been granted service connection due to the change in regulations making lung cancer a presumptive disease for radiation-exposed veterans.

The Board has remanded the case for additional development, including obtaining treatment records from Drs. E.D. and J.P., and for a VA medical opinion regarding the relationship between the veteran's gunshot wound and his cause of death.

The Board has determined that the appellant is entitled to retroactive payment of Dependent's Educational Assistance (DEA) benefits for periods of enrollment from September 1997 to December 2001, given the specific legal provisions and timing.

The veteran's income exceeded the threshold for VA health care without a copayment requirement, resulting in her being required to pay for treatment from November 7, 2002, to November 6, 2003.

The Board has determined that the appellant does not have a current disability of degenerative joint disease or gout, and there is no evidence to support a finding that these conditions are related to his military service. As such, the claim for service connection is denied.

The veteran's post-traumatic encephalopathy with depressive symptoms is currently rated as 30 percent disabling, and the Board finds that an evaluation in excess of this rating is not warranted.

The Board found that the veteran's loss of vision due to age-related macular degeneration was not incurred in or aggravated by service, and denied his claim for service connection.

The veteran's claim for an earlier effective date for pension benefits based on non-service-connected disabilities is being remanded due to the need for additional development and consideration of his total disability rating.

The veteran's residuals of a fracture of the right femur, with an adjustment disorder, are currently rated at 100 percent due to severe impairment in social and industrial functioning.

The veteran's daughter is eligible for Dependents' Educational Assistance (DEA) under Chapter 35, Title 38 of the United States Code for foreign courses at John Abbott College in Quebec, Canada. The beginning eligibility date for DEA is set as August 2001.

The Board finds that the evidence is in relative equipoise with respect to the claim of service connection for the residuals of head injury, and grants service connection based on the veteran's credible testimony regarding multiple head injuries sustained during service.

The VA determined that there is no current diagnosis of a chronic respiratory disability associated with the veteran's service, and thus denied his claim for service connection.

The veteran's appeal for an initial rating in excess of 30 percent for cognitive problems of unknown origin was dismissed as the appeal has been withdrawn.