Other conditions decisions — 2006

The veteran's claim for nonservice-connected disability pension was denied because he did not have 90 days of active duty service during a period of war, and his second period of service in the U.S. Army ended due to fraudulent enlistment.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining medical records. The veteran is seeking service connection for residuals of a right elbow fracture sustained during active duty.

The veteran died at his residence and was not buried in a state or national cemetery. The claim for non-service-connected burial benefits is denied.

The veteran's claim for an increased evaluation of postoperative residuals of a left inguinal hernia was denied. The Board found that the evidence did not support a higher rating, and service connection for residuals of repaired incarcerated ventral hernia and residuals of repaired umbilical hernia were also denied.

The Board has determined that the veteran's circulation problems of the hands did not have their onset during active service or an applicable presumptive period, and are not otherwise related to disease or injury in service. The claim for a colon disorder is also denied as there is no current diagnosis related to service.

The veteran's spouse was denied an apportioned share of the veteran's VA disability compensation benefits between November 1999 and November 2003 due to the veteran reasonably discharging his responsibilities for support, resulting in no undue hardship.

The Board denied the veteran's claims for service connection due to a lack of certification of his POW status and insufficient evidence linking any claimed conditions to his service.

The Board has remanded the case for further action, including adjudicating the claim of service connection for the cause of the veteran's death and readjudicating the claim for burial benefits. The appellant must submit a new notice of disagreement and a new substantive appeal if he wishes to appeal the cause of death.

The Board found no evidence linking the veteran's death to his service, and denied the claim for service connection for the cause of the veteran's death.

The case is being remanded for further review and potential evidence submission to determine if the appellant can be recognized as the surviving spouse of the deceased veteran.

The VA determined that the cause of death, cardio-respiratory failure due to cerebrovascular accident, was not related to service and denied the claim for service connection.

The Board has denied the veteran's claim for service connection for a skin condition, finding that it is not due to exposure to ionizing radiation and thus decided on the merits.

The Board has determined that the veteran's fatal ALL was caused or contributed substantially to his death due to exposure to ionizing radiation during service.

The veteran's claim for a higher rating for dysthymic disorder is being remanded due to the need for additional development, including obtaining records of treatment from May 2004 to the present at the Frank Tejeda VA Outpatient Treatment Clinic.

The VA determined that there was no CUE in assigning the initial ratings for the veteran's gunshot wounds to the chest and left arm. The veteran's claims were granted with appropriate ratings based on the evidence available at the time of the decision.

The Board denied the veteran's claims for increased ratings for chondromalacia of the left and right patellae, finding that his symptoms do not warrant a higher rating based on current medical evidence.

The Board has granted a 10 percent evaluation for prostatitis, finding that the veteran's obstructed voiding warrants this rating. The claim for service connection for post-traumatic stress disorder was denied.

The VA denied a rating in excess of 30 percent for rhabdomyolysis, finding that the veteran's muscle impairment did not warrant such a higher rating based on his current symptoms and examination findings.

The Board denied the veteran's claims for service connection for residuals of a head injury and Alzheimer's disease, finding that there is no evidence of current disabilities or a link to service.

The Board found that the veteran's death was not caused by VA medical treatment, and therefore denied his claim for DIC benefits under 38 U.S.C.A. § 1151.