Other conditions decisions — 2006

The veteran's service is not considered active military, naval or air service for VA purposes due to the provisions of 38 U.S.C.A. § 107(a), and therefore, the appellant is denied eligibility for nonservice-connected death pension benefits.

The Board has dismissed the appeal due to the appellant's death, as they have no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the veteran does not have organic brain syndrome that is attributable to his active military service and therefore denied the claim of service connection.

The Board has granted an effective date of November 19, 2001 for the award of service connection for irritable bowel syndrome (IBS) and abdominal adhesions. The issue regarding whether new and material evidence was submitted to reopen the claim for endometriosis is held in abeyance.

The Board has remanded the case for further examination and review due to unresolved nature and etiology of the left foot and left leg disabilities.

The veteran's chronic adjustment disorder with depressed mood is granted as it has worsened due to his service-connected diabetes. His hypertensive vascular disease and penile lesions are not considered service connected.

The Board denied the veteran's claims for an increased evaluation for his bilateral flat foot and a TDIU due to service-connected disabilities. The veteran's only service-connected condition is mild bilateral pes planus, which does not meet the criteria for a higher rating under applicable diagnostic codes.

The veteran does not have residuals of a right foot injury attributable to his service, and the Board finds no evidence linking this current disability to his in-service injury.

The appellant is denied VA death benefits as a surviving child of the veteran due to her marriage and age at the time of the veteran's death.

The Board has determined that the appellant's deceased husband did not have qualifying service in the United States Armed Forces, as certified by the National Personnel Records Center. Therefore, the appellant is denied basic eligibility for VA death benefits.

The veteran's claim for service connection for defective vision was granted, with a rating of 10 percent effective September 2003. The issue of special monthly compensation based on being housebound was denied as the veteran is not substantially confined to his home due to his disabilities. Service connection for peripheral neuropathy in all four extremities was granted with separate 10 percent evaluations, also effective September 2003.

The Board has granted service connection for sickle cell disease.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development and review of his case.

The Board has determined that there is no current evidence of a service-connected eye disability, and thus denied the veteran's claim.

The Board denied the veteran's claims for increased ratings for his left knee disability and bilateral hearing loss, as well as his claim for a total disability rating based on individual unemployability.

The Board has dismissed the appeal due to the appellant's withdrawal.

The Board denied the veteran's request for a waiver of recovery of his loan guaranty indebtedness, finding that there was no fraud or bad faith on his part and that collection would not be against equity and good conscience.

The Board finds that the veteran has a nasal disorder to include traumatically deviated septum that was incurred in service, and grants his claim.

The VA denied a higher initial rating for the veteran's herniated nucleus pulposus (HNP) at L4-5 and L5-S1, currently rated at 40%, due to lack of evidence showing symptoms indicative of pronounced intervertebral disc syndrome or incapacitating episodes over a 12-month period.

The Board denied the veteran's claims for increased ratings for his spine disability and right Horner's syndrome, finding that the evidence did not warrant a higher rating under either old or new VA regulations.