Other conditions decisions — 2007

The veteran's claim for a total disability rating based on individual unemployability due to his service-connected myositis of the right lower dorsal spine area is being remanded for additional development.

The Board denied the appellant's application to reopen her claim for VA death benefits, finding that no new and material evidence had been presented.

The RO has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The veteran's disability rating of 30 percent for her right foot condition will remain in effect until further notice.

The Board has denied the veteran's claims for service connection for right and left heel pain, finding that these symptoms are part of his already-service-connected bilateral plantar fasciitis. The veteran is also denied an initial compensable evaluation for his bilateral plantar fasciitis.

The veteran did not have a pending claim for service connection for chronic lymphocytic leukemia at the time of his death, and thus is denied accrued benefits.

The Board has determined that the veteran's death was not caused by VA negligence or fault, and therefore DIC benefits under 38 U.S.C.A. § 1151 are denied.

The veteran's claims for service connection were denied, and the issues of new and material evidence to reopen her claims were also denied. The Board found no current disability related to any of these conditions.

The veteran's claims for specially adapted housing and financial assistance in purchasing an automobile or adaptive equipment are denied as he does not have a service-connected disability.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that her application was filed within one year of her husband's death and thus not considered a timely informal claim.

The Board denied the veteran's claims for a higher disability rating and TDIU due to his service-connected psychophysiological musculoskeletal and gastrointestinal disorders. The current evaluation of 30 percent is deemed appropriate based on the severity of symptoms.

The VA has determined that the veteran's service-connected residuals of a fractured nose do not warrant an increased evaluation beyond the current 10 percent rating.

The Board has requested a new VA examination for the veteran's service-connected varicose veins. The appeal is currently in remand status due to outstanding VA treatment records and additional evidence submitted by the veteran.

The Board finds that the veteran's broken left front tooth pre-existed service and was not aggravated by service. As a result, VA outpatient dental treatment is not authorized.

The Board found that the veteran's bilateral epiphora was not incurred in or aggravated by service and is not proximately due to or the result of his service-connected left eye chalazion. Therefore, service connection for bilateral epiphora was denied.

The veteran's lung disease, specifically bullous emphysema and bronchiectasis, does not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has remanded the case for additional development, including obtaining VA medical records and the veteran's autopsy report. The appeal is not about service connection but rather whether new evidence was received to reopen a previously denied claim.

The Board has reopened the claims for service connection for pinched nerve and lower extremity paralysis, but denied the remaining claims due to lack of new and material evidence. The low back disability, right hip disability, and right shoulder disability are not considered service-connected.

The Board found that the cause of the veteran's death (aspiration pneumonia) was not related to his service-connected disabilities, including anatomical loss of the left eye and scars. The appellant argued that her husband's Alzheimer's disease caused by shrapnel from a gunshot wound in service contributed to his death, but there is no medical evidence supporting this claim.

The Board found no evidence of a current left leg muscle disability and denied the veteran's claim for service connection.

The Board denied the veteran's request for an effective date prior to October 10, 2003 for the award of non-service-connected pension benefits. The decision found that the award was proper and based on the facts found.