Other conditions decisions — 2007

The veteran's death benefits, including dependency and indemnity compensation (DIC), death pension benefits, and accrued benefits are denied as the appellant is not eligible for these benefits.

The Board found no evidence of a current right hand disorder with pain and swelling, and concluded that the veteran's claimed disability is not related to service or his service-connected condition. As such, the claim for service connection was denied.

The veteran died in February 2003 and was buried later that month. The appellant filed an application for non service-connected burial benefits more than two years after the veteran's permanent burial, which is not within the time limit specified by VA regulations.

The appellant's income exceeded the statutory limit for improved death pension benefits, and her claim is therefore denied.

The Board denied an earlier effective date for service connection of Reiter's syndrome, finding that no claims prior to October 26, 1995 were pending and the law was correctly applied.

The veteran's claim for an extension of the basic 10-year period of eligibility for receiving educational assistance benefits under Chapter 30, Title 38, United States Code was denied by the RO. The Board found that the adjustment to the delimiting date was proper based on the reduction in service time due to a break between active duty periods.

The Board has reopened the veteran's claim for service connection for a left eye disorder, to include chorioretinitis, and finds that it is warranted based on evidence showing the veteran had chorioretinitis in service resulting in current residuals.

The Board denied the appellant's attempt to reopen her claim for nonservice-connected death pension, finding that no new and material evidence had been submitted.

The Board has denied the veteran's claim for service connection for cholelithiasis with intra-abdominal abscess, claimed as Crohn's disease due to a lack of medical evidence linking these conditions to his military service.

The Board found that the veteran's cause of death was not related to his service and denied the claim for service connection for the cause of death.

The Board has denied the veteran's claims for service connection for arthritis, a skin condition, and nerve damage of the feet and legs, each claimed as due to herbicide exposure. The only medical opinions on the question of a medical relationship between these conditions and exposure to Agent Orange during service in Vietnam weigh against the claim.

The Board denied the veteran's claim for an increased rating for his service-connected otitis media, finding that it did not meet the criteria for a compensable evaluation.

The Board has reopened the claim of service connection for the cause of death, but finds that there is no evidence linking pneumonia and influenza to military service.

The Board has denied the veteran's claims for increased initial disability ratings for patellofemoral pain syndrome of both his right and left knees, finding that the evidence does not support a compensable rating under the applicable diagnostic codes.

The veteran's claim for a higher rating for his right knee disability is being remanded due to the need for an orthopedic examination.

The VA determined that the appellant's deceased father did not have recognized service in the Armed Forces of the United States, and therefore denied her claim for VA death benefits.

The Board denied an evaluation in excess of 10 percent for post-concussion syndrome, finding no clear and unmistakable error.

The Board denied all claims, finding no basis for increased ratings under the applicable diagnostic codes.

The Board denied the veteran's claims for service connection for a left leg disability as secondary to his service-connected right leg disabilities, and denied his increased ratings for residuals of skull fracture, right tibia and fibula with partial ankylosis of the right ankle, and residuals of fracture of the right femur with loss of motion of the right knee and shortening of the right leg.

The Board denied an earlier effective date for DIC benefits, finding that the June 1995 RO rating decision was not appealed and thus final. The October 2002 Board decision granted DIC benefits based on new evidence submitted in April 1997 and March 1999.