Other conditions decisions — 2006

The Board found that the cause of the veteran's death, end-stage Chronic Obstructive Lung Disease (COLD) and Congestive Heart Failure (CHF), was not due to service or any other event related to service. The appellant's claims for DIC benefits under 38 U.S.C.A. § 1151 were also denied as there was no evidence of negligence on the part of VA in providing care.

The Board has determined that the veteran's right hip disorder is not proximately due to or the result of his service-connected left knee disability, and may not be presumed to have been incurred therein. Therefore, service connection for a right hip disorder on a secondary basis is denied.

The veteran's claims for increased ratings were denied. The Board found that the evidence did not support a rating in excess of 10 percent for pilonidal cyst excision residuals or a compensable rating for right fifth finger fracture residuals.

The veteran's claim for service connection for multiple joint arthritis, back injuries, and hip injuries was denied. The VA granted an increased evaluation of 70% for PTSD effective June 11, 2002, and a 30% evaluation for prurigo nodularis with a history of eczema as of the same date.

The veteran's claim for a monetary allowance as a child of a Vietnam veteran with spina bifida is being remanded due to incomplete information and records.

The Board finds that the veteran's need for a hysterectomy and related conditions are not attributable to her period of active military service, and thus denies both her claim for service connection and her claim under 38 U.S.C.A. § 1151.

The veteran withdrew his appeal, and the case is dismissed.

The Board has found that the veteran's current psychiatric disorder, diagnosed as schizoaffective disorder with depressive symptoms, is connected to his military service. The claim for service connection is granted.

The veteran's duodenitis is currently asymptomatic and rated at 10 percent. The Board finds that a higher rating is not warranted as the condition does not meet criteria for more severe ratings.

The Board found that the veteran's bilateral callosities and pes cavus with claw toe defects of both feet warrant no higher than a 30 percent rating, as there was not additional disability due to pain or weakness. The preponderance of evidence is against his increased rating claim.

The Board denied the appellant's claim for basic eligibility for VA educational assistance under Chapter 30, Title 38, United States Code due to insufficient service in the Selected Reserve and lack of qualifying active duty.

The Board has remanded the case for further development, including obtaining VA and non-VA treatment records, developing the appellant's claim based on exposure to radiation, issuing a statement of the case regarding the issue of recognition as the veteran's spouse for purposes of VA death pension benefits, and considering service connection for the cause of the veteran's death.

The Board has remanded the case due to incomplete medical records and the need for a VA examination to determine if the right inguinal hernia is service-connected.

The veteran's dermatophytosis, rated as dermatitis or eczema, is found to have caused ulceration and nervous manifestations resulting in a disability rating of 50 percent.

The Board denied the appellant's request for an extension of her delimiting date beyond May 9, 2003, for Dependents' Educational Assistance (DEA) under Chapter 35, Title 38, United States Code.

The Board found no evidence to support the veteran's claim that his spastic colon disorder was aggravated by treatment at a VA medical facility in January 2001, and thus denied the claim.

The veteran's claims for service connection are being remanded due to insufficient evidence regarding the relationship between his current conditions and his in-service exposure to herbicides. A VA examination is needed to determine if there is a nexus between the veteran's actinic keratosis of the nose with squamous cell carcinoma of the forehead, skin rash of bilateral lower extremities, and his service.

The veteran's claims for increased evaluations of his right and left knee conditions were denied. His service-connected disabilities do not prevent him from securing and following some type of gainful employment.

The Board denied the veteran's claim for recognition of R. D. N. as his dependent spouse for VA benefits purposes due to an undissolved prior marriage and lack of evidence that the prior marriage was legally terminated.

The Board found that the veteran did not file a timely substantive appeal regarding his claim for service connection for high grade astrocytoma, grade III.