Other conditions decisions — 2006

The Board has granted service connection for dementia due to head trauma and remanded the TDIU claim for further development.

The Board determined that the appellant's discharge from service was under other-than-honorable conditions due to willful and persistent misconduct, specifically drug abuse. As a result, his period of service is considered dishonorable for VA purposes and constitutes a bar to payment of VA benefits.

The Board has determined that the appellant's spouse did not have qualifying service for VA pension benefits, and thus she is not eligible for nonservice-connected death pension benefits. The claim of accrued benefits was denied as it was filed over one year after the veteran's death. The DIC claim remains pending.

The veteran's service-connected coronary artery disease is rated at 10 percent since May 24, 2002. The effective date for the award of service connection for diabetes mellitus due to herbicide exposure has been set at May 9, 2001. Effective March 13, 2002, the veteran's erectile dysfunction and loss of use of a creative organ are rated as noncompensable. The effective date for bilateral hearing loss is also set at May 9, 2002.

The Board found that the veteran's cause of death, bronchogenic carcinoma, was not related to his service-connected peptic ulcer disease or any other service-related condition. The Board denied the claim for service connection for cause of death.

The Board denied the appellant's claims for service connection for the cause of death, accrued benefits, and death pension benefits due to lack of proper service eligibility.

The Board has determined that the veteran does not have residuals of pneumonia incurred in or aggravated during active service.

The veteran is seeking to establish that his face injuries, specifically to the left jaw, were incurred in the line of duty during active service. The VA needs to gather additional evidence and determine whether these injuries occurred while on authorized leave.

The Board is remanding the case to determine if the appellant and veteran are still married, which will affect their apportionment of benefits. If they are not married, the appellant may be entitled to a portion of her husband's VA compensation.

The Board has granted the appellant's request for waiver of recovery of an overpayment of nonservice-connected death pension benefits in the amount of $3,830. The decision is based on the finding that it would be against the principle of equity and good conscience to require repayment due to financial hardship.

The Board has determined that service connection for the cause of the veteran's death is not warranted due to lack of evidence showing a causal relationship between his service-connected heart disease and lung cancer.

The VA determined that the veteran's pneumothorax was not caused by negligence or lack of proper skill on the part of VA, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's acute myelocytic leukemia is due to exposure to ionizing radiation in service, leading to a grant of service connection.

The Board denied a rating in excess of 10 percent for the veteran's service-connected bilateral foot disability, finding that prior to October 6, 2000, the disability did not meet the criteria for a higher evaluation. After October 6, 2000, it was found that the disability met the criteria for a 30 percent rating.

The case is being remanded for further development to determine the appellant's eligibility for VA benefits based on veteran status. The appellant must provide any pertinent evidence in his possession and cooperate with VA efforts to obtain such evidence.

The Board found that the veteran's Alzheimer's disease did not have its onset during service and was not caused or aggravated by his service-connected conditions. The VA physician concluded that the veteran's service-connected disabilities did not contribute substantially or materially to his death.

The veteran's increased ratings for bilateral hallux valgus disorders were granted, with a 10% rating assigned for right foot hallux valgus effective from August 16, 2000. The TDIU claim was also granted.

The veteran is entitled to compensation under 38 U.S.C.A. § 1151 for chest wall paresthesias as a result of the May 1996 tumor resection, but not for upper extremity paresthesias.

The veteran's claims for initial compensable ratings for residuals of bilateral salpingectomies and chronic cervicitis were denied as her conditions did not meet the criteria for a compensable rating based on the evidence provided.

The Board finds that the veteran's ataxia was not caused by VA dental treatment and does not meet the criteria for compensation under 38 U.S.C.A. § 1151.