Other conditions decisions — 2007

The appellant is not entitled to restoration of DIC benefits because she was under the age of 57 at the time of her remarriage, and the amendment in question requires the remarriage to occur after age 57.

The Board found that the veteran's arthritis of both hips is not proximately due to, a result of, or aggravated by service-connected residuals of cold injury to feet. The claim for secondary service connection was denied.

The Board denied the veteran's claims for service connection for angioedema and arthritis, finding no evidence linking these conditions to his active service or herbicide exposure.

The Board found that the veteran's death from myelodysplastic syndrome was not caused by any service-connected disability, and there is no evidence of exposure to hazardous chemicals such as benzene during his naval service. The preponderance of the persuasive medical evidence supports this conclusion.

The appellant is not recognized as the surviving spouse for VA benefits due to a lack of proof that her second marriage was valid.

The Board denied the veteran's claims of entitlement to service connection for genital herpes, skin rashes, and a respiratory disability, all to include as secondary to Agent Orange exposure.,There is no evidence linking these conditions to service or Agent Orange exposure.

The Board has determined that the veteran's hysterectomy, which was required for uterine fibroids, was likely related to service. Therefore, service connection is granted.

The veteran's claim for service connection for venous stasis of the lower extremities with recurrent ulceration, claimed as due to cold weather exposure, is being remanded for further development.

The veteran's service-connected right femur fracture residuals are rated at 30 percent prior to May 18, 2004 and granted a higher rating of 30 percent after that date.

The case is being remanded for scheduling a hearing before a Veterans Law Judge at the most recent address of record.

The Board has remanded the case for additional development, including obtaining alternative sources of evidence and a medical opinion regarding the cause of death.

The Board has determined that the veteran's current cardiovascular disability is not related to his service and therefore denied his claim for service connection.

The Board has granted a 20 percent rating for the veteran's fracture of the right clavicle prior to February 6, 2007 and denied any increase in rating from that date.

The veteran's left hip disability is currently rated at 40 percent, and the issue of increased evaluation for his traumatic fusion of the left sacroiliac joint with residual shortening of the left leg has been dismissed.

The Board found that the veteran's low back disorder is not caused or aggravated by his service-connected left knee disability, and thus denied his claim.

The Board denied the veteran's claim for service connection for residuals of a cold injury, finding that there was no competent medical evidence diagnosing such condition and thus denying the claim.

The veteran's appeal is being remanded due to the need for additional records from Social Security Administration and the issuance of a statement of the case for his claim of entitlement to a total rating based on individual unemployability.

The Board has denied the veteran's claim for service connection for a stomach disorder, finding no evidence of such a condition during service or within one year after separation. The left ankle issue is pending and will be remanded.

The Board has determined that the veteran's right transmetatarsal amputation was caused by VA treatment and subsequent hospital care provided from March 18, 1999 to August 22, 2000. The claim is granted.

The Board has determined that the veteran's right knee conditions do not warrant a higher rating under the applicable VA rating criteria.