Other conditions decisions — 2007

The veteran's cause of death was not service-connected, and his DIC benefits under 38 U.S.C.A. § 1318 were denied due to the lack of continuous total disability compensation.

The Board has determined that the veteran's residuals of a compression fracture of the L4 vertebra warrant a disability rating of 50 percent prior to April 15, 2005, and a disability rating of 60 percent effective from April 15, 2005.

The Board has remanded the case for further examination and evaluation to determine the nature of the veteran's neck and chest disabilities, their attribution, and whether any medications prescribed by VA contributed to his current condition. The examiner should also assess if noncompliance played a role in his disability.

The veteran's appeal has been withdrawn, and the Board does not have jurisdiction to consider the claim.

The Board is remanding the case to provide proper VCAA notice and obtain additional records from SSA.

The Board found that the appellant's deceased husband did not have qualifying service and was not a veteran, thus denying her eligibility for VA death benefits.

The Board denied the appellant's claim to reopen her service connection for the cause of the veteran's death, finding that new and material evidence had not been received. The December 1945 rating decision granting service connection for neoplasm, malignant teratoma, of the left testicle was determined to contain CUE.

The veteran's appeal has been withdrawn, resulting in the dismissal of his case.

The Board has denied the veteran's claims for service connection for residuals of a back injury and right eye injury, finding that new and material evidence was not submitted to reopen the claims.

The Board has determined that additional development is necessary before the case can be decided, including obtaining medical records and providing notice to the appellant.

The veteran is seeking service connection for a gastrointestinal disability, which he attributes to exposure to ionizing radiation during his military service. The Board has determined that additional development is needed and the case is being remanded.

The Board has granted service connection for an eye condition.

The Board has denied the veteran's claim for an evaluation in excess of 10 percent for chronic blepharoconjunctivitis of both eyes, with chronic tearing. The appeal is based on a service-connected condition and does not involve any presumption or exposure basis.

The Board has remanded the case for additional development, including a comprehensive VA examination to accurately identify the muscle groups affected by the appellant's left hip disability and assess its current degree of impairment.

The Board has ordered readjudication of the veteran's claim for service connection for skeletal blastomycosis due to herbicide exposure. The appeal is remanded for compliance with the Court's directives in the Memorandum Decision, including providing notice consistent with controlling law and regulations, obtaining additional medical records, and scheduling a VA C&P examination.

The Board has determined that the veteran's left foot fasciotomy residuals warrant a disability rating of 20 percent, which is higher than what he was originally assigned. The evidence shows moderately severe impairment due to pain.

The Board denied the veteran's claim for a 100 percent rating for non-Hodgkin's lymphoma, and instead assigned him a 60 percent rating effective November 2, 2000. The decision also addressed other residuals of his service-connected condition.

The Board found that the evidence submitted since the March 1975 rating decision is not new and material, thus denying the claim of entitlement to service connection for the cause of the veteran's death.

The Board has determined that the veteran's interstitial fibrosis does not meet the criteria for a disability rating in excess of 30 percent, as his forced vital capacity (FVC) and diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO (SB)) have consistently been within normal ranges.

The Board has determined that the appellant is not eligible for VA death benefits as the surviving spouse of the veteran due to a valid divorce prior to his death and no remarriage.