Other conditions decisions — 2006

The Board has determined that the veteran's stomach cancer status post partial gastrectomy was not incurred or aggravated in service and is not presumed to have been incurred due to exposure to herbicides. The claim for accrued benefits is denied.

The Board denied an initial evaluation in excess of 20 percent for the veteran's non-Hodgkin's large cell lymphoma residuals with radiation brachial plexopathy.

The appellant is not entitled to benefits as a child of a Vietnam veteran born with spina bifida because the medical evidence does not support her claim for other forms of spina bifida.

The Board found that the veteran's arthritis did not manifest during service or within one year thereafter and is not etiologically related to his military service. The kidney stones were also not shown to be causally or etiologically related to service or a service-connected disorder.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for bladder control problems resulting from prostate cancer surgery performed at VA, and the RO needs to determine if there was any fault on the part of VA medical personnel.

The Board has determined that the veteran does not have a current eye disability and there is no competent evidence linking his current skin condition to any remote incident of service. Therefore, service connection for both conditions is denied.

The Board has determined that the veteran does not have current disability related to in-service burn injuries to the hands, and therefore denied his claim for service connection.

The Board has determined that the veteran's current left leg deep venous thrombosis with resulting pulmonary embolism was not incurred in or aggravated by active service, nor may it be presumed to have been so incurred or aggravated.

The Board has determined that the veteran's residuals of a shell fragment wound of the left leg do not warrant an increased rating beyond the current 30 percent evaluation, as there is no evidence of loss of use of the foot or amputation. The claim for an increased rating for the right leg remains denied.

The veteran's overpayment of VA educational assistance benefits is being remanded for further action, including scheduling a Travel Board hearing.

The Board has determined that the veteran's current vision loss in her left eye is not related to an injury she sustained during service, and thus denied her claim for service connection.

The Board is remanding the case for further development and consideration, including obtaining medical records from SSA and VA, requesting a written statement from any relevant VA physician, and determining whether the veteran's claim for an increased rating meets criteria for submission to the appropriate official for extra-schedular consideration.

The Board found no evidence of a left toe disability incurred or aggravated during service, and thus denied the veteran's claim for service connection.

The Board has denied the reopening of the claim for service connection for aortic stenosis on a direct basis due to lack of new and material evidence.

The Board denied the appellant's request for reimbursement from accrued amounts due a deceased beneficiary, for payment of the veteran's final illness and burial expenses. The decision found that there was no legal merit to the claim as L.P.H., who is identified as the spouse, had a valid marriage with the veteran.

The Board denied the appellant's claim for basic eligibility for nonservice-connected disability pension benefits as he did not meet the statutory requirement of having at least 90 days of active wartime service.

The Board has remanded the case for further development due to unclear dates of service and missing medical records. The appellant claims she incurred breathing problems, memory loss, and left-sided weakness during her military service.

The Board granted an effective date of June 3, 2004 for the grant of pension benefits due to the veteran's death. The appellant was not entitled to a different effective date as her claim was received within one year of the informal claim.

The Board has remanded the case to the RO for a video conference hearing, and will not make any decision on the merits of the claim until further action is taken.

The Board has determined that the veteran's macular degeneration, claimed as blindness, was not incurred in or aggravated by service and denied his claim.