Other conditions decisions — 2006

The Board found that the veteran's death was caused by his own willful misconduct and excessive alcohol consumption, which were not service-connected.

The veteran's service-connected dental injuries have resulted in current residuals, and the Board has granted his claim for service connection for these conditions.

The Board found that the veteran does not have a lung disability attributable to his military service and denied his claim.

The Board has denied the veteran's claims for increased ratings and compensation for his varicose veins of both legs, finding that the evidence does not support an increase in rating beyond 20 percent.

The Board has denied the veteran's claim for an increased rating for his tachycardia, currently rated at 10 percent.

The Board finds that the appellant is entitled to retroactive payment of Dependent's Educational Assistance (DEA) benefits for periods of enrollment from September 1999 to December 2000, as his claim was received within one year of notification of the April [redacted], 2002 rating decision.

The veteran is currently service-connected for residuals of vagotomy for duodenal ulcer disease with hiatal hernia rated as 60 percent disabling. The Board has granted a total disability rating based on individual unemployability due to this service-connected disability.

The Board denied service connection for the cause of death due to drug overdose, finding that there was no competent evidence associating it with military service. The veteran's death was certified as accidental.

The Board has determined that the appellant does not have qualifying service under U.S. military records and therefore is not eligible for VA benefits.

The Board has requested an independent medical opinion and is remanding the case for further consideration of the veteran's claim, including the additional evidence submitted since the last RO review.

The Board has determined that the appellant's claim for nonservice-connected pension benefits lacks legal merit and is denied. The appellant's petition to reopen his previously denied claim for service connection for a right elbow disorder will be remanded for further development.

The appellant is not legally married to the veteran at the time of his death, and therefore does not meet the legal criteria for surviving spouse eligibility for VA death benefits.

The Board has reopened the claim for service connection for a bilateral foot condition and granted it, finding that new evidence supports a current diagnosis of a bilateral foot disorder related to service.

The veteran's claim for a greater amount of disability compensation due to a 100% rating for pyoderma, effective July 8, 1993, is denied.

The veteran's appeal of the January 2000 determination regarding whether new and material evidence has been received to reopen a claim for service connection for residuals of dental trauma was dismissed as untimely filed.

The Board and RO have previously denied service connection for the cause of the veteran's death. The appellant is seeking to reopen her claim, but no action has been taken on her request for a video conference hearing.

The Board has determined that there is no competent medical evidence of active malaria or ascertainable residuals such as anemia, liver or spleen damage. Therefore, the claim for a compensable evaluation for malaria is denied.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for complications resulting from his hospitalization and treatment at a VA Medical Center in September to December 1997, including vocal cord impairment, MRSA pneumonia, pulmonary function impairment, brain damage, bowel dysfunction, and muscle tone loss.

The veteran's thoracolumbar spine disability has been rated at 40 percent since February 7, 2003.

The Board has determined that the veteran's hypertensive vascular disease does not warrant a rating in excess of 20 percent, as his diastolic blood pressure readings have not consistently been at or above 120 mm Hg.