Other conditions decisions — 2007

The Board has determined that the veteran does not have current residuals of pneumonia related to his military service and therefore denied his claim for service connection.

The veteran's appeal is being remanded due to the need for additional examinations and consideration of his service-connected disabilities.

The Board has denied the veteran's claim for service connection for an osteoma of the frontal sinus, finding that it did not develop as a result of his in-service brain trauma and that there is no evidence linking it to any other service-connected condition.

The veteran's appeal of the issue of entitlement to a rating in excess of 30 percent for status post hysterectomy is dismissed. The Board finds that additional notification and assistance are required to comply with the Veterans Claims Assistance Act of 2000 (VCAA) for the remaining issue of entitlement to a compensable rating for pelvic inflammatory disease.

The veteran's claims for increased ratings for left thoracic outlet syndrome were denied as there was no evidence of more than moderate incomplete paralysis or severe paralysis, and the maximum schedular rating under the applicable code is 20 percent.

The Board denied the appellant's claim of basic eligibility for VA benefits due to a lack of recognized service with the United States Armed Forces.

The appellant is not recognized as the surviving spouse of the veteran for VA benefits eligibility purposes, and thus is ineligible to receive DIC or any other VA death benefits.

The veteran's appeal is being remanded for a BVA hearing at the RO before a Veterans Law Judge.

The Board denied service connection for a left leg disorder and hives, finding no current evidence of these conditions.

The veteran's request for waiver of a debt of $12,340.50 was denied due to the law prohibiting full compensation benefits while incarcerated. The Committee found that the overpayment resulted from administrative error and noted that the veteran received benefits to which he was not entitled.

The veteran's death was caused by VA's failure to properly diagnose and treat metastatic squamous cell carcinoma, resulting in a lack of proper skill and error in judgment. The Board finds that the proximate cause of the veteran's death was due to VA's carelessness or negligence.

The appellant is not the surviving spouse of the veteran for purposes of eligibility to DIC.

The Board found that the overpayment of VA pension benefits was properly created due to the veteran's failure to promptly report his incarceration. The Board also determined that recovery would not violate principles of equity and good conscience, as it did not result in undue hardship or defeat the purpose for which the benefits were intended.

The Board denied an increased rating for the veteran's service-connected left shoulder fracture, finding that his range of motion did not meet the criteria for a higher evaluation under Diagnostic Code 5201.

The Board finds that the veteran's current adhesive capsulitis and arthritis are not related to service, but grants service connection for these conditions based on direct evidence of their existence.

The Board has determined that the veteran does not have a right ankle disorder incurred in or aggravated by active service, and therefore denied his claim for service connection.

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

The veteran's appeal has been dismissed due to the appellant withdrawing their appeal prior to a decision being made.

The Board denied the veteran's claim for service connection for a dental condition and denied entitlement to an increased rating for urticaria.,The veteran's claim of reopening her dental condition was denied due to lack of new and material evidence. Her urticaria claim was also denied as there is no evidence that it meets the criteria for a higher rating.

The Board has denied the veteran's request to reopen his claims for service connection for dizziness, blurred vision, and a skin rash secondary to radiation exposure. The evidence submitted since the final denial is considered duplicative or cumulative.