Other conditions decisions — 2006

The veteran's surviving spouse was granted DIC benefits, but the RO terminated them on August 1, 2003 due to her death in August [redacted], 2003. The appellant argues for continuation of benefits through the month of her death, but the Board finds that DIC benefits are not authorized after death.

The veteran's claim for nonservice-connected disability pension was denied because he did not have qualifying wartime service.

The Board has determined that the veteran timely perfected an appeal of the December 2001 rating decision denying entitlement to an effective date prior to January 29, 1999 for the grant of compensation for loss of use of the right foot. The underlying issue remains in appellate status.

The Board has remanded the case for additional development, including obtaining a copy of the October 1, 2003 decision and letter denying retroactive induction for VA vocational training and rehabilitation services. The veteran's claim for current entitlement to VA vocational training and rehabilitation services must also be reconsidered.

The Board denied the claim for service connection for the cause of the veteran's death due to Agent Orange exposure, finding no medical evidence linking the leukemia to such exposure.

The Board has determined that the veteran's current eye disability, including defective vision and a detached retina of the right eye, is not related to his active military service.

The veteran's request for a waiver of overpayment in the amount of $1,547.00 was denied because he was at fault in creating the overpayment by providing incorrect information to VA and accepting benefits to which he was not entitled.

The Board is remanding the case to consider new evidence and to schedule a video conference hearing before the appellant.

The Board denied the veteran's claims for increased disability ratings for his service-connected shell fragment wounds to the right buttock and right upper arm, finding that there was no underlying muscle damage or other functional limitation as a result of these conditions.

The Board denied the veteran's claims for an increased evaluation for erythema multiform with leukoplakia and service connection for a heart disorder, finding that there was no evidence of recurrent episodes or systemic immunosuppressive therapy required to warrant a higher rating. The Board also found insufficient medical evidence linking the veteran's current congestive heart failure to his service-connected erythema multiform.

The Board has determined that the veteran does not have a currently diagnosed obstructive lung disorder for which service connection may be granted.

The veteran's claim for an increased rating for his service-connected right hand disability is being remanded due to the oldness of the VA examinations used in the previous decision, and a new examination is required.

The Board has determined that a 40 percent evaluation, though not more, is warranted for the service-connected herniated disc at L5-S1 with radiculopathy.

The Board denied the veteran's claim for service connection for a pulmonary disorder, asserting it was secondary to in-service asbestos exposure. The evidence did not support a finding that the current condition was related to service or asbestos exposure.

The Board has denied the veteran's claim for service connection for hypertensive vascular disease, finding that it is not proximately due to or the result of his service-connected diabetes mellitus.

The VA is remanding the case for a new examination to determine the severity of the service-connected gunshot wound right ilium, muscle group XIV.

The Board denied the appellant's claims for a timely substantive appeal regarding the July 1998 rating decision denying DIC benefits and for an earlier effective date of payment for DIC payments.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran, finding that she was not entitled to VA death benefits due to her lack of legal marriage and the veteran's continued legal marriage to another individual.

The Board found no clear and unmistakable error in the May 1970 decision denying service connection for a nervous condition, as there was evidence showing that the veteran's preexisting condition existed before his service.

The veteran's appeal has been dismissed due to his death.