Other conditions decisions — 2007

The veteran's appeal has been dismissed as the appellant requested withdrawal of the appeal.

The veteran's claim for additional compensation due to having a dependent wife and child was pending at the time of his death. The appellant, as the widow, is denied accrued benefits because she did not provide updated information about her dependents within one year after being asked by the VA.

The Board found that the veteran's thrombophlebitis was not caused by VA medical treatment and denied his claim for benefits under 38 U.S.C.A. § 1151.

The Board has determined that the veteran does not have a left foot disability related to service, and thus denied his claim for service connection.

The veteran's claim for VA health care eligibility was dismissed due to his abandonment of the claim.

The VA determined that the veteran's discogenic disease at L5-S1 does not warrant an increased evaluation beyond the current 20 percent rating.

The Board denied service connection for a bilateral foot rash and hyperopia and unhealed injury of the left eye, finding no current disability or evidence linking these conditions to service.

The Board denied the appellant's claim for an increased apportionment of the veteran's VA disability compensation benefits in excess of $300 prior to August 1, 2006, and in excess of $135 since that date for C.D.C., the veteran's minor child.

The Board found no competent medical evidence that the veteran's current foot pain and disability is due to VA surgeries in July and September 1991, thus denying his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's claim for an increased evaluation above 10 percent for service-connected residuals of a gunshot wound of the right hand with fracture to the third metacarpal was denied.

The Board has granted a disability rating of 20 percent for the veteran's residuals of a shell fragment wound to the left foot, effective from the date of the decision. The rating for the left thumb remains at 10 percent.

The veteran's initial ratings for left ulnar nerve entrapment and soft tissue calcification, exostosis, and DJD of the left elbow have been denied.,The veteran has not met the criteria for higher initial ratings for his left elbow disabilities.

The Board found that the appellant's discharge was under other than honorable conditions due to willful and persistent misconduct, but not insane at the time of offenses. Therefore, his character of discharge constitutes a bar to VA benefits, exclusive of health care.

The Board found that esophageal cancer, which caused the veteran's death, was not incurred in or aggravated by service and denied entitlement to DIC benefits based on service connection for the cause of the veteran's death.

The veteran's service-connected retropatellar pain syndrome of the right and left knees have been rated at 10 percent each, but his appeal for higher ratings is denied.

The Board has remanded the case due to procedural defects in VCAA notice, and further development is required before a final determination can be made.

The Board has denied the veteran's claim of service connection for pulmonary/respiratory disability, including emphysema, finding that there is no evidence linking his current condition to service exposure or smoking. The VA examiner concluded that the COPD was more likely due to years of cigarette smoking.

The veteran's claim for special monthly pension based on the need for aid and attendance is denied as he does not meet the criteria for such benefits.

The Board denied the veteran's request for waiver of overpayment of $2,465.34 in compensation benefits due to his incarceration and failure to timely notify VA.

The case is being remanded due to procedural deficiencies, including the need to address whether the appellant is a proper claimant for DIC benefits and to issue SOC's addressing burial benefits and accrued benefits.