Other conditions decisions — 2007

The veteran died in October 2003 and was not discharged or released from active service for a disability incurred or aggravated in the line of duty. Service connection was not in effect for any disability at the time of his death, he was not in receipt of pension or compensation, nor did he have a pending claim for such benefits. The veteran's death certificate shows he died in a private hospital and there is no legal basis for a grant of nonservice-connected burial benefits.

The veteran's cause of death was not service-connected, and the basic eligibility for Survivors' and Dependents' Educational Assistance under Chapter 35 was denied.

The Board has denied the veteran's claim of entitlement to service connection for bilateral defective hearing, finding that the evidence does not support a finding that his current hearing loss is related to his military service.

The VA determined that the veteran's herniated nucleus pulposus does not warrant a rating higher than 20 percent, as his forward flexion is limited to 50 degrees and there are no associated objective neurologic abnormalities.

The Board found that the avascular necrosis of the hips was not proximately caused by VA medical treatment and denied the claim for disability compensation under 38 U.S.C.A. § 1151.

The Board denied service connection for the cause of the veteran's death due to his own willful misconduct, finding that he died from multiple handgun wounds to the torso inflicted by police officers in an attempt to prevent him from stabbing his wife.

The Board has remanded the case for further development to verify the veteran's claimed stressors and determine if he meets the criteria for service connection for PTSD.

The Board has determined that the veteran's claims for service connection for chronic lymphocytic leukemia and basal cell carcinoma have been denied as there is no evidence of these conditions during or within one year after his period of active military service.

The veteran's claim for enhanced DIC benefits was denied because he did not have a total service-connected disability rating continuously for eight years immediately prior to his death. The appeal is based on the possibility of CUE in a previous decision, but no such evidence has been provided or found.

The Board has ordered additional development of the appellant's countable income, including after August 1, 2004, when one of her children turned 18 years old. The case will be remanded for further adjudication.

The veteran is seeking service connection for numbness of the hands and feet, which he claims is related to his service-connected diabetes mellitus or Agent Orange exposure. The RO has denied this claim on both bases. The Board finds that a VA examination is needed to determine if the veteran's numbness of the hands and feet is causally related either to diabetes or CIDP.

The veteran's appeal is being remanded due to the need for a new VA examination and additional VCAA notice.

The Board denied the veteran's claims for service connection for a heart condition, including atrial-septal defect (ASD), and hearing loss. The decision found that her ASD was not aggravated by service and did not warrant service connection.

The Board denied the veteran's request to reopen his claim for service connection for lichen planus and declined to assign a rating in excess of 10 percent for right and left foot calluses. The case is remanded for further development.

The Board has remanded the case for further development, including obtaining records from private health care providers and addressing the veteran's claims for service connection and nonservice-connected pension.

The Board denied the veteran's claim to reopen his POW status claim, finding that no new and material evidence had been submitted.

The Board has determined that the evidence received since the January 2004 rating decision is not new and material, and thus does not provide a basis to reopen the veteran's claim for compensation for a dental disorder under the provisions of 38 U.S.C.A. § 1151.

The Board has granted a 10 percent rating for the veteran's nasal fracture residuals, finding that his symptoms are comparable to complete obstruction of one side.

The Board denied the appellant's claim to reopen his eligibility for VA nonservice-connected pension benefits, finding that he did not have qualifying service for this benefit.

The Board has granted service connection for dysequilibrium, finding that the veteran's condition is related to his in-service combat-related ear trauma.