Other conditions decisions — 2007

The Board found that the appellant did not meet the criteria to be recognized as the veteran's surviving spouse for VA benefits due to a lack of legal recognition of their common-law marriage in California.

The veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected bilateral varicoceles with mild atrophy of the left testicle and any associated disabilities. The RO should consider whether separate or increased ratings are warranted for scarring and atrophied testes.

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

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

The veteran's cause of death was cardiopulmonary arrest, secondary to sepsis and pneumonia. The Board found no evidence linking these conditions to his military service.

The veteran's appeal is being remanded for further evaluation of his need for specially adapted housing due to service-connected conditions, specifically his alcoholism and associated ataxia.

The Board has granted an effective date of November 30, 1992 for the grant of service connection for residuals of patent ductus arteriosus, post-surgical correction. The veteran's claim for a higher initial rating and TDIU remains pending as it requires further development.

The veteran is seeking compensation under the provisions of 38 U.S.C. 1151 for blindness in his right eye, which resulted from recurrent retinal detachment following cataract surgery by VA. The case has been remanded to determine if the risk of dislocation and retention of lens fragments during cataract surgery was reasonably foreseeable.

The Board has remanded the case for additional development due to missing VA treatment records and further examination of the veteran's left forearm.

The Board has determined that the appellant is not the lawful surviving spouse of the veteran, and therefore does not meet the criteria for DIC benefits.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for residuals of a right foot injury.

The veteran's Hailey-Hailey disease has been granted service connection with an effective date of February 21, 1986. The claim for a higher initial rating remains pending.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for a bilateral foot disorder that he claims was caused by treatment at the St. Louis VA Medical Center in November and December 2003. The claim has been remanded due to missing records from this period.

The veteran's request for a waiver of recovery of an overpayment in the amount of $1,006.40 was denied because it would not be against equity and good conscience to recover the debt.

The Board has determined that the veteran's claims for service connection for bilateral eye disorder and chronic tonsillitis have been denied as there is no competent medical evidence establishing a nexus between these conditions and his military service.

The veteran's marriage to the appellant was not deemed valid due to legal impediment, and thus the appellant is not entitled to DIC or death pension benefits.

The veteran's initial claim for a higher evaluation for bursitis of the right hip was granted, and he is currently receiving a 10 percent disability rating.

The VA determined that the veteran's right arm tumor excision scar does not meet the criteria for a compensable evaluation, as it is not tender or painful on examination and does not cause limitation of motion.

The Board has remanded the case due to insufficient development of evidence regarding whether the claimant currently has a testicular disorder or hypopituitarism, and if so, whether it was caused by military service. The RO/AMC is directed to obtain medical records from various providers, including VA and non-VA sources, and consider affording the claimant a VA examination.

The veteran's service-connected postoperative residuals of a nasal fracture were not shown to be manifested by 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side from January 2, 2003, to January 8, 2004. From January 9, 2004, forward, the veteran's service-connected postoperative residuals of a nasal fracture are manifested by symptoms consistent with 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side.