Other conditions decisions — 2006

The Board has remanded the case due to incomplete records and will consider whether new and material evidence has been presented to reopen the claim of service connection for the cause of the veteran's death.

The Board has restored the veteran's service connection for psoriatic arthropathy, finding that the October 1999 rating decision was not clearly and unmistakably erroneous. The higher evaluation claim is deferred pending restoration of service connection.

The Board has remanded the case due to uncertainty about whether the veteran currently has a diagnosed eye disorder that is related to service.

The Board has determined that the veteran is not entitled to increased evaluations for chronic labyrinthitis and otitis media, as both conditions are already at their maximum schedular ratings.

The Board has decided the case requires further development and remands it to the RO for additional information from the appellant regarding her husband's treatment history, including any opinions on Agent Orange exposure.

The Board denied an earlier effective date for special monthly compensation due to blindness without light perception in both eyes, finding that the claim was received on September 25, 2003. The veteran's condition did not meet the criteria for a prior effective date within one year before September 2003.

The Board found no evidence of a fracture to the veteran's jaw during service and denied his claim for service connection.

The Board found that the veteran's right eye disability was not caused by VA negligence or error, and denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied an increased rating for meralgia paresthetica, hypesthesia, left lateral femoral cutaneous nerve as the evidence did not support a higher evaluation.

The Board denied service connection for the cause of the veteran's death and denied entitlement to DIC under 38 U.S.C.A. § 1318, but granted entitlement to DEA under 38 U.S.C.A. chapter 35.

The veteran's family income for the year 2002 exceeded the threshold required for cost-free VA health care, resulting in a denial of his claim.

The veteran's claim for a compensable initial evaluation for hyperkeratotic skin lesions is being remanded due to the need for additional examination and consideration of current rating criteria.

The Board dismissed the appeal due to the death of the appellant, as it has no jurisdiction over the merits of the claim.

The Board has decided to remand the case for additional development, including obtaining SSA disability file and ensuring all due process requirements are met.

The appeal has been dismissed as the appellant's representative withdrew the appeal before a decision was made.

The veteran did not die from a service-connected disability. The claim for burial benefits is denied as the veteran was not in receipt of compensation or pension at the time of his death, and no pending claims were filed.

The Board has determined that the appellant and the veteran did not have a common law marriage for the period between their divorce in 1982 and the veteran's death in 2003, thus denying her claim to be recognized as his surviving spouse for VA benefits.

The case is being returned to the RO for readjudication due to a procedural notification defect.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death, and there was no evidence of a service connection for metastatic adenocarcinoma of the lung. The Board concluded that the cause of death was unrelated to military service.

The Board has determined that the veteran's post-service diagnosis of herpes simplex II is not the same disease process as the one diagnosed during service, and thus cannot be considered service-connected.