Other conditions decisions — 2007

The Board found that the appellant cannot be recognized as the veteran's surviving spouse for purposes of VA death benefits due to lack of evidence showing the veteran was divorced and free to marry the appellant.

The veteran was awarded a permanent and total disability rating based on service-connected disability. The appellant, who is the veteran's daughter, filed her initial claim for Dependents' Educational Assistance benefits under Chapter 35 after this award. However, she did not meet the legal criteria for eligibility due to reaching her 26th birthday prior to the effective date of the permanent and total disability rating.

The Board has determined that the veteran does not have a current disability of arthritis or any other joint disorder related to her service-connected rheumatic fever. As such, the claim for service connection is denied.

The Board found no clear and unmistakable error in the October 1962 and June 1984 rating decisions that assigned or continued a 30 percent evaluation for residuals of a fracture of the mandible with deformity, as residuals of a shell fragment wound.

The Board has determined that there is no evidence to support the veteran's claim of service connection for degenerative joint disease of the bilateral hips and status post left hip replacement, as his current condition did not manifest during or as a result of his military service.

The veteran's claim for an increased evaluation for his right clavicle fracture is being remanded due to the need for a thorough and contemporaneous examination.

The Board found no evidence of essential tremors in service and denied the claim as there is not a current disability related to service.

The veteran's claims for service connection for spondylolisthesis with bilateral pars defects and degenerative joint disease of the spine are being remanded due to the need for additional development, including an etiological opinion regarding whether his altered gait caused or contributed to these conditions.

The Board has determined that the veteran does not currently have a skin disorder characterized by left cheek actinic keratosis and sebaceous hyperplasia of the left lower eyelid. The issue regarding the chronic, nonhealing circular erythematous lesion of the right hand is pending.

The Board denied the veteran's claim for an earlier effective date of August 16, 2002 due to lack of medical evidence demonstrating a disability warranting a rating in excess of 10% prior to that date.

The veteran's central herniated nucleus pulposus at T11-T12 and mild bulging anulus fibrosus at T4-T5 were incurred in active service.

The Board has determined that the veteran's current lung disorder is not etiologically related to his period of service and therefore denied his claim for service connection.

The veteran's PTSD has been granted an increased rating to 70 percent effective December 12, 2006. The condition is rated at the maximum schedular evaluation.

The Board has reopened the veteran's claim for service connection for a nervous disorder, but further development is needed before the case can be decided on its merits.

The Board has determined that the veteran does not have underlying disabilities associated with hyperlipidemia or elevated liver function test results, and therefore service connection for these conditions is denied.

The Board has determined that the veteran's non-Hodgkin's lymphoma is causally related to exposure to herbicides and industrial solvents during his service, and grants service connection for this condition.

The veteran's death was caused by acute myelogenous leukemia, which the Board found not related to his military service or any service-connected conditions.

The Board denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as she failed to report for scheduled VA examinations without good cause.

The Board denied the veteran's claims for service connection for arthritis as secondary to his service-connected bilateral pes planus and denied his claim for an increased rating for bilateral pes planus, finding that there was no medical evidence showing a current diagnosis of arthritis related to his service-connected condition.

The VA denied the veteran's claim for an increased rating for his spine disability, currently rated at 40 percent. The evidence did not meet the criteria for a higher rating under the old or new schedular criteria.