Other conditions decisions — 2007

The Board found that the veteran's interstitial lung disease is likely due to his exposure to Agent Orange during service, granting his claim for service connection.

The Board has determined that the veteran's nasopharyngeal carcinoma was not incurred or aggravated during service, and specifically denied on the basis of Agent Orange exposure. The Board found no evidence to support a presumption of service connection due to Agent Orange exposure.

The Board denied the veteran's claim for service connection for residuals of a broken nose, finding that there was no evidence to support his contention and thus denying the claim.

The veteran's neurosis is rated at 50 percent prior to November 7, 1996 and at 50 percent from that date. Service connection for a skin disorder due to Agent Orange exposure was not granted.

The Board denied the veteran's claim for a higher rating for his service-connected right ulnar nerve neuritis, finding that the evidence did not support an evaluation greater than the current 30 percent rating.

The veteran's claims for increased ratings were denied. The conditions involved are muscle injuries from gunshot wounds, and the service connection was decided on the merits.

The veteran's appeal is denied as he does not meet the basic eligibility criteria for educational assistance under Chapter 30, Title 38, United States Code.

The Board has determined that the veteran does not currently have a sinus disability and therefore, service connection for a sinus disability is denied.

The Board denied the veteran's claim for an increased rating, finding that his ankylosing spondylitis is appropriately rated at the 20 percent level under both the former and revised criteria.

The veteran's service-connected ankylosing spondylitis does not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment, as he has not demonstrated loss of use of one or both feet/hands or permanent impairment of vision to the required degree.

The appellant has withdrawn her appeal regarding the denial of service connection for the cause of the veteran's death.

The Board denied the claim for service connection for disability claimed as dizziness, finding that there was no evidence of a current disability manifested by dizziness associated with the veteran's military service.

The Board has reopened the veteran's claim for service connection for Bartter's Syndrome and granted it, finding that there is new and material evidence to support the claim and that the condition was aggravated during service.

The Board found that the veteran's lung disability was not incurred in or aggravated by his active duty service and denied his claim.

The veteran withdrew their appeal before the Board could make a decision.

The Board found that the cause of the veteran's death, Amyotrophic Lateral Sclerosis (ALS), was not caused or aggravated by his military service, including exposure to Agent Orange. The claim for service connection for the cause of death was denied.

The veteran's marriage to the appellant was deemed valid, and they are considered to have continuously cohabitated. The appellant is recognized as the surviving spouse for purposes of VA benefits.

The veteran seeks an earlier effective date for a separate evaluation of residuals of cold injury to each foot, but the Board finds no legal basis for such a retroactive award.

The Board has determined that the VCAA notice provided to the veteran was insufficient and requires additional notification regarding what evidence would be necessary to substantiate the element or elements required to establish service connection for a lacerated chin and dental trauma. The case is therefore being remanded for this purpose.

The VA determined that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrilla service, in the service of the United States Armed Forces. As a result, he is not considered a veteran for purposes of VA benefits.