Other conditions decisions — 2006

The Board denied the claim for service connection for damage to the breathing passage and breathing problems, finding that there was no evidence linking these conditions to service or radium treatment in service.

The Board has remanded the veteran's claims for service connection for varicose veins and a left eye disorder due to outstanding medical records and the need for additional examinations.

The veteran's left knee disability is rated at 20 percent from August 16, 2002, to June 24, 2003, and in excess of 20 percent from June 25, 2003, to April 4, 2005, and as of June 1, 2005.,The veteran's right knee disability is rated at 10 percent.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran for VA benefits, finding that a common law marriage did not exist between them and thus she is not entitled to such status.

The Board has determined that the submitted evidence is not new and material to reopen the veteran's claim of service connection for a brain aneurism.

The Board found that the appellant did not timely appeal the July 10, 2002 denial of service connection for the cause of the veteran's death.

The Board found that the veteran did not have a service-connected disability at the time of his death, and there is no evidence linking his cause of death to any in-service injury or disease. The appellant's claim for accrued benefits was denied because she filed it more than one year after her husband's death. Additionally, as the veteran had recognized guerrilla service prior to July 1, 1946, he did not qualify for nonservice-connected death pension benefits.

The veteran withdrew his appeals for reopening claims of service connection for degenerative joint disease and bilateral immature cataracts. The Board dismissed these cases due to the withdrawal.

The Board denied the reopening of a claim for service connection for the cause of the veteran's death and denied entitlement to dependency and indemnity compensation under the provisions of 38 U.S.C.A. § 1318.

The Board has granted the veteran's waiver of overpayment in the amount of $26,743.24 for nonservice-connected disability pension benefits due to the VA's failure to inform him of his incarceration and resulting overpayment.

The veteran's claim for payment or reimbursement of unauthorized emergency medical service provided on April 30, 2002 was granted due to the emergent nature of his condition and the unavailability of a VA facility.

The VA denied an initial evaluation in excess of 10 percent for the veteran's service-connected right great toe disability.

The Board has determined that the veteran's functional stomach disorder, characterized as non-ulcer dyspepsia or irritable bowel syndrome, was incurred in service. However, there is no evidence to support a finding of service connection for residuals of a cholecystectomy.

The Board has determined that the veteran's HIV-related illness warrants an initial rating of 30 percent, effective from the date of service connection.

The veteran's right eye scleral thinning is not manifested by visual field loss or visual acuity worse than 20/40, and thus does not warrant a compensable rating.

The Board denied the veteran's claim for service connection for the cause of his death, finding that metastatic small cell lung carcinoma and hepatic failure were not present in service or related to service. The Board also found no evidence of exposure to mustard gas during service.

The Board has remanded the case for further development, including obtaining an opinion from a gastroenterologist regarding whether it is as likely as not that the veteran's Crohn's disease was incurred in or aggravated by active service.

The veteran's claims for increased evaluations of his service-connected conditions were denied. The RO found that the veteran did not meet the criteria for a compensable evaluation under any applicable diagnostic codes.

The Board found that the veteran's skin conditions, including squamous cell carcinoma and prurigo nodularis, were not incurred or aggravated by service. The claim was denied as there is no evidence of a chronic disease during service, and neither condition is associated with exposure to herbicides in Vietnam.

The Board has granted service connection for migratory poly-arthritis and denied service connection for hemorrhagic cystitis.