Other conditions decisions — 2007

The Board found that the veteran's death was not caused or contributed to by any service-connected disability, and denied the claim for service connection for the cause of the veteran's death.

The Board has determined that new evidence submitted since the September 2002 rating decision does not provide a basis to reopen the claim for service connection for left foot disorder with secondary disorders of the back, rib, and legs. The veteran's assertions alone cannot serve as 'new and material' evidence.

The veteran's small bowel obstruction, hiatal hernia, and recurrent ventral incisional hernia have been assigned a single 40 percent evaluation. A separate compensable rating is not warranted for the veteran's small bowel obstruction or associated scars.

The Board has reopened the veteran's claim of service connection for CML due to new and material evidence. However, it remains denied as there is no direct or presumptive link between his exposure to Agent Orange in Vietnam and his current condition.

The Board has ordered additional development of the record, including obtaining medical records and scheduling a VA examination. The propriety of reducing the evaluations for Achilles tendonitis of both feet is also remanded.

The veteran's application for enrollment in the VA health care system was denied because he is assigned to Priority Group 8 and applied after January 17, 2003.

The Board found that the appellant is not recognized as the veteran's surviving spouse for VA purposes due to the divorce and lack of valid cohabitation.

The veteran's claim for payment of unauthorized medical expenses for services rendered at Munroe Regional Medical Center in Ocala, Florida, on August 29, 2004 is granted. The decision supports the veteran's argument that VA provided authorization for non-VA care and that the emergency nature of his condition made it necessary to seek treatment elsewhere.

The Board has remanded the case for additional development, including obtaining an opinion on whether the decubitus ulcer was a reasonably foreseeable event and readjudicating both claims.

The Board has granted an effective date of January 29, 1993 for the award of service connection for scleroderma secondary to service-connected asbestosis.

The Board found that the veteran's nicotine dependence began during service and is a disease for VA benefits purposes. However, there is no evidence linking his current respiratory disorder to his tobacco use in service or due to nicotine dependence.

The Board found that the veteran's squamous cell carcinoma of the neck was not caused by service or herbicide exposure, and thus denied service connection for the cause of his death.

The Board has determined that the veteran's right eye disability became manifest during his first period of service and is related to events in service, granting entitlement to service connection for a right eye disability.

The veteran's claims for increased disability ratings for her service-connected right foot conditions have been denied as the current combined rating does not allow for an increase.

The veteran's right little finger fracture and related injuries are currently rated as noncompensable. Service connection for the claimed residuals of injury to his second, third, and fourth fingers is denied.

The Board found that the veteran's cause of death was not caused by a service-connected disability, and denied the claim for service connection for the cause of death.

The veteran's income exceeded the applicable statutory level for the annualized period in which the income was received, and he is therefore not eligible for nonservice-connected pension benefits for years 2003 and 2004. The status of eligibility for years 2005 and 2006 remains pending as additional information regarding his income is needed.

The Board has determined that the veteran does not have residuals of a back injury or lung injury as the result of disease or injury incurred during his active military service and denied both claims.

The Board dismissed the appeal because the appellant's husband died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has decided to remand the case for additional development, including obtaining service and post-service medical records, and seeking an opinion from a VA specialist regarding the relationship between the veteran's in-service gastrointestinal symptoms and his current disability.