Other conditions decisions — 2007

The Board has granted an initial 20 percent evaluation for the service-connected degenerative changes of the left elbow, effective December 2000.

The Board found that the veteran's current eye disability is not related to his service, and thus denied his claim for service connection.

The Board has determined that the cause of the veteran's death was not caused or contributed to by a service-connected disability, and therefore, the claim for service connection for the cause of death is denied. Additionally, the appellant does not meet the criteria for dependents' educational assistance under Chapter 35 due to lack of basic eligibility.

The Board found that the veteran's current nerve damage to the left foot was not incurred in or aggravated by service and denied his claim for service connection.

The Board has remanded the case for further evaluation of the veteran's obstructive pulmonary disease, including a review by a pulmonologist and a certified B-reader to determine if it is related to asbestos exposure or tobacco use.

The Board denied an increased rating for the veteran's residuals of shell fragment wound to the right thigh, finding that the current manifestations do not warrant a higher evaluation than the currently assigned 10 percent.

The Board has granted the reopening of the veteran's claim for service connection for PTSD, finding that new and material evidence has been submitted. The case is now remanded to allow for further development regarding the stressors claimed by the veteran.

The Board has denied the veteran's request to reopen his claim for service connection of a back condition, finding that new and material evidence was not received since the final April 1982 RO decision.

The Board denied the appellant's claim for basic eligibility for VA death benefits due to her late husband not having qualifying service in the United States Armed Forces, as certified by a United States service department.

The veteran's muscular myalgia has not been productive of widespread constant symptoms that are refractory to therapy, and thus does not warrant an evaluation in excess of the current 20 percent rating.

The veteran acknowledged J.L.C. and S.M.C. as his children in a signed, written statement received by VA in October 2001. The Board finds that the October 2001 Income-Net Worth and Employment Statement is a signed acknowledgment of the veteran's status as the father of J.L.C. and S.M.C., and they meet the requirements to be considered children for VA purposes.

The Board denied the appellant's claim for accrued benefits as she did not file her claim within one year of the veteran's death and does not have standing to file such a claim.

The Board found that termination of the veteran's pension benefits effective May 1, 2001 was proper based on excessive income. The issue of overpayment of special monthly pension benefits in the amount of $13,962.00 is also addressed and requires issuance of a statement of the case.

The veteran's claims for service connection for infertility and immersion foot of the right foot were denied in rating decisions, but he is seeking to have these decisions revised due to CUE. The September 2000 decision denying service connection for immersion foot was not based on a lack of evidence; rather, it was found that there was no evidence of an immersion foot disorder in service records.

The VA Medical Center (VAMC) in Togus, Maine canceled the veteran's fee-basis ID card due to medical feasibility for his needs at an available VA medical facility. The case is being remanded for a Supplemental Statement of the Case that includes applicable laws and regulations.

The Board denied an increased rating for the veteran's service-connected gunshot wound involving muscle group VIII, right, with healed fracture of the ulna (major), currently rated as 20 percent disabling.

The veteran is seeking service connection for pain, numbness, and tingling in his hands and feet due to cold exposure during World War II. The Board has ordered a VA examination to determine the existence of any such condition and its relationship to service.

The Board found that termination of the veteran's pension benefits effective May 1, 2001 was proper based on excessive income. The issue of overpayment of special monthly pension benefits in the amount of $13,962.00 is also addressed and requires issuance of a statement of the case.

The veteran's vocal cord paralysis and episodes of shortness of breath are not considered to be caused by VA medical treatment, thus denying compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's death was not caused by his service-connected disabilities or any other condition, and thus denied the claim for service connection for the cause of the veteran's death.