Other conditions decisions — 2007

The veteran died in a nursing home due to multiple cerebrovascular accidents and arteriosclerotic cardiovascular disease. The appellant's claim for NSC burial benefits and NSC death pension benefits was denied as she did not meet the legal requirements for these benefits.

The Board has decided to remand the case for additional development, including obtaining private treatment records and a VA mental disorders examination.

The veteran's appeal for an effective date prior to March 1, 2004 for the payment of additional benefits for his spouse and child is denied as there is no legal basis under the law.

The veteran seeks service connection for pleural effusion requiring thoracotomy, decortication, and chest tube placement, which he claims is related to his service-connected rheumatoid disease. The case has been remanded due to the lack of service medical records.

The veteran's back disability was granted an increased rating to 40 percent effective December 29, 2004. Service connection for PTSD was denied.

The Board has determined that the veteran's service-connected malaria is inactive and without residuals such as liver or spleen damage, thus denying a compensable rating.

The Board has determined that the overpayment of VA death pension benefits in the amount of $5,520 is valid and denied the appellant's claim.

The Board has determined that the veteran's current kidney disorder is not related to his active service, and thus denied his claim for service connection.

The veteran died of esophageal and gastric carcinomas, but his service-connected Hodgkin's lymphoma was not found to be the principal or contributory cause of death. The Board denied claims for service connection for these cancers.

The veteran's claim for an increased disability rating for service-connected non-Hodgkin's lymphoma is being remanded due to procedural defects in the notification provided.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for left leg numbness, now diagnosed as peripheral vascular disease. The Board also found that this condition was incurred during active military service.

The Board found that the veteran's hereditary muscular dystrophy was not shown to be symptomatic during his active service or for many years thereafter and is not causally related to his active service. Therefore, the claim of service connection for muscular dystrophy was denied.

The Board denied the veteran's claim for an increased rating for her service-connected bursitis of the right hip, finding that it did not meet the criteria for a compensable evaluation prior to May 18, 2006 and did not warrant any higher evaluation thereafter.

The veteran's appeal is being remanded due to the need for additional medical records from his doctors. The case will be returned to the Board once these records are obtained.

The Board has remanded the case for further development to ensure compliance with the VCAA and VA regulations, including providing notice on how to substantiate the DIC claim under the current version of 38 C.F.R. § 3.22.

The Board has granted the veteran's request to reopen his claim of entitlement to compensation under 38 U.S.C.A. § 1151(a) for right bunionectomy and correction of hammertoe, second toe.

The veteran's application for enrollment in the VA healthcare system was denied because his completed application was received after January 17, 2003, and he is a nonservice-connected veteran.

The Board found no evidence of a chronic lung disorder related to service, including exposure to toxic gas. The veteran's current lung condition is not linked to his military service.

The Board found that the veteran's preexisting osteomyelitis of the right tibia was aggravated by service, but not incurred in or caused by service. The claim is granted.

The Board has determined that the veteran's claim for an earlier effective date for service connection of aphakia of the right eye must be denied as there is no evidence showing the veteran intended to reopen his claim prior to January 25, 2005.