Other conditions decisions — 2006

The Board and the RO have denied reopening of claims for service connection due to lack of new and material evidence.

The Board has determined that the veteran's cause of death, caused by splenic rupture due to or a consequence of chronic lymphocytic leukemia (CLL), was substantially related to his service-connected radiation exposure. Additionally, as the veteran's death is service-connected, he qualifies for dependents' educational assistance under Chapter 35 of Title 38 of the United States Code.

The veteran's claim for an increased rating for his right eye disability with cataract extraction, bilateral uveitis and anterior iritis was denied by the Board of Veterans' Appeals. The evidence showed that he had chronic active bilateral uveitis with active pathology, resulting in poor visual acuity (20/200 in the right eye and 20/25 in the left eye).

The Board finds that service connection is not warranted for the veteran's claimed colon cancer and liver cancer, as there is no evidence of these conditions in service or within one year of discharge. The diseases are not considered to be associated with herbicide exposure.

The Board has reopened the claim of service connection for the cause of the veteran's death due to new and material evidence. However, the claim remains denied as there is no direct evidence linking the cerebrovascular accident to the veteran's military service or any pre-existing condition.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she was not married to the veteran at the time of his death and thus does not meet the legal criteria for a surviving spouse.

The Board has remanded the case due to a lack of VCAA notice, and the appellant is not eligible for VA death benefits as her deceased father did not qualify as a 'child' under VA regulations.

The veteran's claim for service connection for the residuals of a head injury is denied, but his claim for dental trauma resulting in crowns on teeth numbered 7, 25, and 26 is granted.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's service-connected PTSD contributed to his cause of death, which was atherosclerotic vascular disease.

The Board denied the veteran's claims for service connection for chondromalacia of the knees and a bilateral leg disability, finding no new and material evidence to reopen the claim for chondromalacia and concluding that there is no current disability or continuity of symptomatology for the claimed bilateral leg disability.

The veteran's appeal for unreimbursed medical expenses has been dismissed due to his death.

The Board found no evidence of a cardiovascular disorder during service and denied the claim for service connection, finding that the veteran's current condition is more likely due to tobacco abuse.

The Board denied the veteran's claims for service connection for back and lower extremity joint pain as secondary to his service-connected bilateral pes planus, did not reopen a previously denied claim of entitlement to service connection for a right arm disorder, and denied his claim for an increased rating for bilateral pes planus.

The veteran's appeal was dismissed due to his death.

The Board determined that the veteran does not meet the legal criteria for recognition as a former prisoner of war (POW) for VA purposes due to lack of official verification and conflicting evidence.

The Board denied the appellant's claim for reimbursement of unauthorized medical expenses incurred at St. Alphonsus from November 6 to 11, 2003 due to lack of emergency treatment and inability to transfer safely to a VA facility.

The Board has determined that the evidence is not adequate to make a decision on the service connection claim for gastrointestinal disorder and has ordered additional development, including obtaining verification of any post-1982 service and relevant medical records.

The Board has determined that the veteran does not have active malaria or its residuals, and therefore, a compensable rating for service-connected malaria is denied.

The veteran's claim for an earlier effective date for service connection of a psychiatric disorder, described as panic disorder without agoraphobia, is denied. The effective date remains January 22, 1993.

The Board denied the veteran's claims of service connection for a right elbow disorder and for reopening his claim of service connection for a right middle finger amputation. The evidence did not show any in-service injury or disease related to these conditions.