Other conditions decisions — 2007

The Board has remanded the case due to the need for an examination to determine if the veteran has current residuals of heat exhaustion and whether these are related to his in-service injury. The appeal is pending further action.

The Board has determined that the veteran's bilateral hallux valgus was not present in service or for many years afterward, and is not etiologically related to active duty. The Board also found no evidence linking the condition to his service-connected diabetes mellitus.

The Board found that the veteran's suicide was not due to willful misconduct, but service connection for the cause of death cannot be granted as there is no evidence linking a mental illness related to service to his death.

The Board has ordered a remand to obtain additional records and determine if the veteran's death was due to willful misconduct, which would affect his eligibility for DIC benefits.

The Board denied the appellant's claim for restoration of DIC benefits, finding that she is not eligible due to her remarriage before age 57.

The case is being remanded for further development of the veteran's terminal care records, including those from Philip Hulitar Hospice Inpatient Center in Providence, Rhode Island. The appellant will be given an opportunity to respond to any supplemental statement of the case.

The veteran died of a non-service-connected condition and was not under VA care at the time of his death. Therefore, he is not eligible for burial benefits.

The Board found that the appellant cannot be recognized as the common law wife of the veteran, and thus denied her claim for VA death benefits.

The Board has determined that the veteran's death was caused by liver cancer, which is a disability incurred during his service in Vietnam. As such, the cause of death is considered to be related to his military service.

The veteran claims compensation benefits under 38 U.S.C.A. § 1151 for residuals of left eye cataract surgery performed at the Togus VA Medical Center in January 2003. The claim is being remanded to determine if the additional disability was caused by carelessness, negligence, or similar fault on the part of VA.

The Board has determined that the veteran's adenocarcinoma of the lung is related to asbestos exposure during service, and thus grants service connection for this condition.

The Board found no current disability associated with the left hamstring, sternum, or right index finger conditions and denied service connection for these conditions.

The Board denied the veteran's claims for service connection and an increased rating for his residuals of a shell fragment wound to the right hand, finding that he already had separate ratings for nerve damage and limitation of motion. The veteran was granted a separate 10 percent rating for carpal tunnel syndrome of the right wrist.

The veteran's claim for an increased rating in excess of 30 percent for post-operative residuals, spontaneous pneumothorax is being remanded due to the need for a new VA examination and consideration of extraschedular evaluation.

The Board found that the veteran's total abdominal hysterectomy, post-op for uterine fibroids, was not incurred in or aggravated by active military service.

The veteran's appeal is being remanded for further evaluation and evidence collection to determine if he qualifies for a total disability rating due to individual unemployability (TDIU).

The Board has determined that the appellant's marriage by ceremony to the veteran does not meet the time requirements for VA death pension benefits. The case is being remanded to determine if their relationship prior to the marriage can be recognized as a valid common law marriage.

The Board has denied the claims for service connection for testicular cancer, tinnitus, and TMJ dysfunction due to a lack of competent evidence linking these conditions to service.

The Board has granted service connection for the cause of the veteran's death, which already provides a basis for awarding DIC. Therefore, the additional issue of entitlement to DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The Board has remanded the case for further development, including a comprehensive VA examination and consideration of all theories of entitlement.