Other conditions decisions — 2006

The Board denied the appellant's claims for service connection for cause of death, DIC under 38 U.S.C.A. § 1318, and basic eligibility to Dependents' Educational Assistance (DEA) due to lack of legal merit.

The Board found that the new death certificate provided by the appellant does not relate to an unestablished fact necessary to substantiate the claim of service connection for cause of death, as it did not show a relationship between the veteran's causes of death and his service or internment as a POW. The evidence is considered cumulative.

The Board found that the veteran's current leukopenia and anemia are of service origin, granting his claims for service connection.

The Board denied the appellant's claim for VA nonservice-connected disability pension because his period of service from January 1973 to May 1973 was not active duty, and he did not meet the threshold requirement for entitlement to such benefits.

The Board has remanded the case for additional development, including a VA examination and proper VCAA notice.

The Board has determined that the appellant did not timely initiate an appeal of the April 2002 rating decision, which denied service connection for the cause of the veteran's death and entitlement to accrued benefits. As a result, the claims are denied.

The veteran's active service did not take place during a period of war, thus he does not meet the basic eligibility requirements for nonservice-connected disability pension benefits.

The veteran's military service and service-connected disabilities made him eligible for an automobile allowance. The claim is granted as the law allows payment to be made directly to the seller of the vehicle, even though the purchase was made before the effective date of qualifying disabilities.

The Board has denied the appellant's request to reopen his claim for service connection for blindness of the left eye, finding that no new and material evidence was submitted.

The Board denied increased evaluations for Reiter's Syndrome of the lumbar spine, right shoulder, left shoulder, right knee, and left knee.

The Board has granted a 30 percent rating for residuals of a right biceps tendon rupture effective from February 26, 2005. The veteran's appeal is resolved in his favor.

The Board denied the veteran's claims for service connection for chorioretinitis of both eyes and his claim for a total disability rating based on individual unemployability due to service-connected disabilities. The decision found that any pre-existing eye condition did not exist prior to entering service, but was aggravated during service beyond its natural progression.

The Board has determined that the veteran's cardiomegaly is secondary to his service-connected hypertension and grants the claim.

The veteran's schizoaffective disorder is now rated at 70 percent effective June 22, 2004. He was also granted entitlement to a total disability evaluation for compensation due to individual unemployability and basic eligibility for Dependents' Educational Assistance as of that date.

The Board has granted a higher rating of 30 percent for the post-operative residuals of basal cell carcinoma of the right upper cheek, and has denied any increase in rating for the ectropion of the right lower eyelid.

The Board has determined that the veteran's cerebrovascular accident is not related to his service-connected skull defect and therefore denied the claim for secondary service connection.

The Board denied the veteran's claims for service connection for loss of use of his left foot and compensation under 38 U.S.C.A. § 1151 for right forearm disability, finding that there was no evidence to support these claims.

The Board denied the appellant's claim for service connection as there was no objective documentation confirming that he was authorized or required to perform active duty for training or inactive duty training on July 30, 1975 and August 28, 1975.

The veteran's squamous cell carcinoma of the tongue is likely due to military service, specifically exposure to Agent Orange. The Board has granted service connection for this condition.

The Board denied the veteran's claims for service connection for residuals of a head injury and for an initial evaluation in excess of 40 percent for lumbar disc herniation at L4-L5 with degenerative changes. The claim for TDIU was also denied.