Other conditions decisions — 2006

The Board has determined that the veteran's cause of death was not caused by or related to service, including exposure to mustard gas. The claims for chronic bronchitis and squamous cell carcinoma of the left elbow are also denied as there is no evidence linking these conditions to service.

The Board denied the veteran's claim for an effective date prior to January 17, 2002, for additional compensation for a dependent spouse. The decision stated that the veteran did not submit a valid claim within one year of receiving notification about potential eligibility and that the change in law regarding marriage requirements was applicable from September 1994 onwards.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a chronic gum disorder, finding that additional disability resulting from VA treatment was not due to fault or not reasonably expected as a result of such care.

The Board denied the veteran's claims for service connection for residuals of back and leg injuries on the merits.

The VA denied a claim for an evaluation in excess of 20 percent for the veteran's service-connected chondromalacia of the right patella with history of posterior thigh muscle strain, finding that his current disability does not warrant such a rating.

The veteran's claim for an increased disability evaluation for his service-connected psychoneurosis with gastrointestinal complaints is being remanded due to incomplete development of medical records and the need for further psychiatric examination.

The Board has decided to remand the case for additional development, including obtaining a VA examination and medical opinion regarding the relationship between service-connected PTSD and the appellant's spinal cord injury residuals.

The Board has determined that the veteran's post-traumatic stress disorder is service-connected, as his symptoms are linked to in-service stressors.

The Board has remanded the case for additional development to obtain medical records and determine if the veteran was exposed to asbestos or radiation in service, which may have contributed to his death.

The appellant is not eligible for death pension, dependency and indemnity compensation, or accrued benefits as a matter of law because she was not the veteran's surviving spouse at the time of his death.

The Board has determined that the veteran does not have a bilateral foot disorder or a bilateral leg disorder (including venous stasis) related to his active service. The evidence does not support a finding of service connection for these conditions.

The veteran's appeal is remanded due to the need for additional development, including obtaining documentation related to an overpayment of education benefits and providing VCAA notice.

The Board has remanded the case for additional development, including obtaining medical records and conducting further examination.

The appellant is not legally entitled to DIC benefits as she was able to support herself until approximately sixty years old.

The veteran's claim for a higher evaluation of his service-connected residuals of injury to the penis and scrotum, including impotence, is denied. The preponderance of evidence does not support an increase in rating beyond the current 10 percent.

The Board denied the veteran's request for payment or reimbursement of unauthorized medical expenses, finding that none of the five private treatments were rendered in a 'medical emergency' and that VA facilities were feasibly available. The veteran's symptoms were considered non-emergent and could have been managed at a nearby VA facility.

The Board has remanded the case due to insufficient evidence regarding the veteran's right eyebrow cyst and its relationship to service. The veteran will be provided a VA examination to determine if there are any chronic residuals of the right eyebrow cyst, including a scar.

The Board has reopened the veteran's claims for service connection for an eye disorder and chest pain, finding that new and material evidence has been submitted. The claims are now reviewed on their merits.

The Board denied the veteran's claim of service connection for a skin disorder, including on the basis of herbicide exposure due to lack of evidence showing a current disability and no link between the claimed condition and service or Agent Orange exposure.

The Board has determined that the veteran's postoperative left elbow fracture with radial head prosthesis warrants an initial 20 percent rating, effective February 1, 1986.