Other conditions decisions — 2006

The veteran is seeking an increased rating for his service-connected right erector spinae muscle injury. The Board has decided to remand the case due to incomplete records and inadequate VCAA notice.

The Board denied the veteran's claim for service connection for discogenic disease at L4-5 and L5-S1, finding no competent evidence linking his current condition to his active duty. The veteran also failed to meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board denied the veteran's claims of service connection for skin rash and assignment of a compensable disability rating for multiple lipomas. The evidence did not establish that the current conditions were incurred in or aggravated by service, including exposure to ionizing radiation.

The veteran's service-connected back disability is rated at 60 percent, which meets the schedular requirements for a TDIU. However, the evidence does not show that his service-connected condition renders him unemployable due to its severity.

The Board denied the veteran's claims for a rating in excess of 10 percent for residuals of a fracture of the pelvis or left pubic bone with degenerative changes and for a compensable rating for postoperative left inguinal hernia, finding that the preponderance of evidence did not support these claims.

The veteran died from a cerebrovascular accident and cardiopulmonary arrest, both not related to service-connected conditions. Therefore, the cause of death is not service-connected.

The veteran's cervical/thoracic laminectomy was not caused by VA negligence or fault, and the additional disability did not result from VA treatment.

The Board finds that the appellant does not meet the criteria for an award of Chapter 30 benefits due to his failure to successfully reenroll in the Veterans Educational Assistance Program (VEAP) program and convert such benefits into MGIB benefits.

The Board denied the veteran's daughter's claims for service connection for the cause of his death and recognition as a helpless child due to lack of evidence showing permanent incapacity at age 18.

The Board found that the appellant's husband did not have recognized service, thus he was not a veteran and she is not eligible for VA benefits based on his service. The death pension benefits were properly terminated.

The Board has determined that the veteran's fatal acute lymphoblastic leukemia was likely caused by exposure to toxic volatile organic compounds during his service at Camp Lejeune, and thus grants service connection for the cause of death.

The Board denied the appellant's claim for VA death benefits because her husband did not have qualifying active service in the U.S. Armed Forces, as determined by the National Personnel Records Center.

The Board has determined that the veteran's hypertensive vascular disease is not due to or a result of his military service, and it does not meet the criteria for secondary service connection based on his service-connected diabetes mellitus.

The veteran has withdrawn her appeal regarding the reduction of her service-connected skin condition from a 30 to a 10 percent disability rating.

The Board found that the veteran's cause of death due to metastatic colon cancer is not service-connected, as it was not shown to have been incurred or aggravated in service and there is no evidence linking it to herbicide exposure. The Board also determined that the veteran's diabetes mellitus did not contribute substantially or materially to his death.

The Board has decided to remand the case for further development and review, including verifying service records and locating any additional VA records.

The veteran's claim for a rating in excess of 40 percent for residuals of gunshot wounds affecting muscle group XIII, with weakness of the left leg is denied as there is no higher schedular rating available.

The Board found that the fibrocystic breast disease results in pain and tenderness on examination, granting a 10 percent rating.

The Board has determined that the overpayment of VA improved pension benefits was properly created and is a valid debt. The veteran's request for waiver of this overpayment was granted due to the hardship it would cause, as well as its impact on the purpose of the pension program.

The Board has determined that the veteran's service-connected psychosis, which was presumed to have been incurred during his time as a POW, contributed substantially or materially to his death in August 1979.