Other conditions decisions — 2006

The Board denied the claim for service connection for cause of death, finding that there was no causal relationship between the veteran's military service and his death due to natural causes.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved pension benefits in the amount of $4,607 due to fault on the part of the veteran. The decision states that the veteran did not report all his income and was solely at fault in creating the overpayment.

The Board has granted service connection for obsessive compulsive disorder and remanded the TDIU claim.

The Board has denied the veteran's claims for service connection for a fungal infection and for a disorder of the eyes, claimed as residuals of burns of the face and eyes. The preponderance of evidence is against both claims.

The veteran's claim for an increased evaluation of her service-connected cholecystectomy with hiatal hernia is being remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board has determined that the veteran's congenital spina bifida was not incurred in or aggravated during active service. The claim for immature personality disorder is denied as new and material evidence has not been submitted.

The appellant's spouse did not have verified active military service with the U.S. Armed Forces, and therefore is ineligible for VA death benefits.

The veteran's claim for service connection for non-Hodgkin's lymphoma, claimed as due to exposure to herbicides (Agent Orange), is being remanded for additional development including verifying the veteran's presence in Vietnam while aboard the U.S.S. Tower.

The Board denied the veteran's claim for service connection for adenocarcinoma of the rectum, finding that it was not incurred in or related to his active duty service.

The veteran's claim for service connection for prostate cancer, claimed as a result of herbicide exposure during his military service, is being remanded due to insufficient evidence regarding the specific locations and dates of alleged exposure.

The veteran withdrew his claim for a rating in excess of 10 percent for right varicocele, and the appeal is dismissed without prejudice.

The Board denied the veteran's claims for a compensable evaluation for partial amputation of his left little finger and service connection for left ear hearing loss, finding no evidence linking these conditions to service.

The veteran's claim for a higher rating for his pneumothorax residuals is being remanded to the RO for additional development and consideration.

The Board has determined that further development is needed, including providing the veteran with proper VCAA notice and allowing his representative to submit argument on his behalf. The claims for service connection will be remanded for de novo review without regard to finality of unappealed RO decisions.

The veteran's claim for educational assistance benefits under Chapter 30, Title 38 is denied as he does not meet the eligibility requirements.

The Board has determined that the appellant's spouse had no qualifying service and therefore is not considered a 'veteran' for purposes of entitlement to VA benefits, including pension benefits.

The Board has reopened the veteran's claim for service connection for eye injury residuals and is granting it, finding that new and material evidence has been received to reopen the claim.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking any disability to military service and concluding that the respiratory arrest/pulmonary embolism/pelvic fracture were not related to service.

The VA denied the veteran's claims for increased evaluations for his right foot and tibia and fibula disabilities, finding that the current ratings adequately reflect the severity of these conditions.

The Board denied the veteran's claims for service connection for right and left leg disorders, as well as his claim for an increased rating for a herniated disc at L4-L5. The evidence did not support the presence of current leg disabilities or establish that any such conditions were related to service.