Other conditions decisions — 2006

The veteran's annual income exceeded the maximum limit for VA pension benefits, resulting in denial of his claim.

The Board denied service connection for a bilateral arm and leg disability, both claimed as secondary to the veteran's service-connected lumbosacral spine disability. The claim of an increased rating for the lumbosacral spine disability was granted at 40 percent.

The Board has determined that additional development is needed to address the merits of the veteran's claim for service connection for a respiratory disease, including consideration of in-service exposure to undiluted solvents.

The veteran's skin condition was not incurred in service and is not related to Agent Orange exposure. Service connection for a skin condition is denied.

The Board found that the veteran's loss of teeth was not due to bone loss caused by trauma or disease during service, and thus denied his claims for service connection.

The Board has determined that the cause of the veteran's death was not service-connected, and therefore denied both the claim for service connection for the cause of death and the Dependents' Educational Assistance. The evidence did not establish a nexus between the cause of death and the veteran's military service.

The veteran's appeal is remanded for further development, including the issuance of a statement of the case and notification of appellate rights regarding his claim for an increased evaluation for bilateral eye disorder. The issue of entitlement to an effective date prior to February 26, 2004 for a 70 percent disability evaluation for bilateral thermal photic foveal damage is also remanded.

The Board finds that the appellant's claim for an earlier effective date prior to October 29, 2001, for a grant of Chapter 35 DEA benefits is denied.

The Board has determined that the veteran's rectal carcinoma is not incurred or aggravated by service, and specifically denies service connection for this condition.

The Board found that there was no evidence to support a finding that the veteran incurred an in-service injury or disease that caused his death, and thus denied service connection for the cause of death.

The VA denied the veteran's claim for a higher rating, finding that his service-connected lung disability did not cause or contribute to his need for continuous oxygen therapy and respiratory symptoms related to nonservice-connected conditions like COPD and sleep apnea.

The Board found that the veteran's left hip and lower extremity disability existed prior to service and was not aggravated by service. The claim is denied.

The Board denied the appellant's claim for restoration of Dependency and Indemnity Compensation (DIC) benefits as she is not eligible to receive such benefits due to her remarriage at a young age, which does not meet the legal requirements set forth in the Veterans Benefits Act of 2003.

The Board has determined that new and material evidence has not been received to reopen the previously denied claims for service connection for torn stomach, diverticulitis, ulcers, and gastritis.

The appellant is not considered the veteran's surviving spouse for VA benefit purposes due to her divorce from the veteran prior to his death.

The veteran's claim for compensation under 38 U.S.C. § 1151 for additional gastrointestinal disability resulting from VA treatment in June and January 1982 is dismissed due to the death of the veteran.

The appellant's income exceeds the maximum allowable rate for a surviving spouse with no children, thus denying her entitlement to VA death pension benefits.

The veteran's request for a videoconference hearing has been granted, and the case is being remanded to allow this hearing.

The most probative medical evidence shows the veteran required aid and attendance since March 23, 1998. Prior to this date, there was no objective evidence of needing regular aid and assistance.

The veteran's son is not eligible for DEA benefits under Chapter 35 due to reaching his 26th birthday before the effective date of a permanent and total disability rating.