Other conditions decisions — 2007

The veteran's death was not caused by a service-connected condition, and the Board finds that his right foot disability did not contribute to his cause of death.

The Board has determined that the veteran does not currently have a stomach disability for service connection purposes.

The Board has granted a 10 percent rating for the veteran's service-connected post-operative nasal injury, finding that his symptoms more nearly approximate the criteria for such a rating.

The Board denied the veteran's claim for apportionment of his compensation benefits on behalf of his minor child, finding that the veteran reasonably discharged his responsibility for support and that apportioning more than 50% of his benefits would cause undue hardship.

The Board found that the reduction of the veteran's disability rating for Scheuermann's disease, status post anterior spinal release and posterior spinal fusion was improper due to lack of consideration of relevant medical evidence in the claims file. The claim for an increased rating for this condition is also denied.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine the current level of severity of the veteran's service-connected residuals of fractured left zygoma with deviated septum and antrostomy.

The Board found that the appellant did not meet the requirements for recognition as the veteran's surviving spouse, due to a separation from the veteran without fault on her part and no continuous cohabitation.

The veteran's claim for an increased rating for his service-connected Hodgkin's disease is being remanded to the RO for further development and consideration of new evidence.

The veteran's spouse is entitled to an apportionment of $407.00 per month from the veteran's VA disability compensation benefits, as it does not cause undue hardship on him.

The veteran's cause of death was cerebrovascular ischemia, and the Board denied service connection for the cause of death as well as eligibility for Dependents' Educational Assistance (DEA) benefits under Chapter 35 due to lack of evidence linking his service-connected disabilities to his death.

The veteran's claims for increased ratings for residuals of a shrapnel fragment wound of the left thigh and lymphadenitis with recurrent cellulites and thrombophlebitis of the left leg were denied as his conditions did not warrant evaluations higher than 20 percent and 10 percent, respectively.

The Board has determined that the claim for service connection for residuals of a stress fracture involving the left foot requires additional development, including obtaining missing service medical records and arranging for an examination to determine if there is any current disability related to the in-service injury.

The veteran's initial claim for a higher evaluation for stenosing tenosynovitis of the left long (third) finger was granted, with an effective date of January 25, 2002. The issue of entitlement to a higher initial evaluation for stenosing tenosynovitis of the left index (second) finger since January 25, 2002 is also granted.

The Board has determined that the veteran's otitis, a condition he suffered from during service, is service-connected.

The veteran's claims for increased ratings and initial compensable rating for bilateral knee disabilities are being remanded to the RO for further development.

The Board denied an increased evaluation for residuals of a fracture to the left foot, currently rated at 10 percent.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the veteran for VA benefits purposes due to a valid marriage between J.J. and the veteran prior to the appellant's marriage, which served as a legal impediment.

The Board denied a rating in excess of 10 percent for the veteran's service-connected right knee disability, finding that the clinical findings did not warrant such an increase.

The Board has determined that the veteran does not have a current right elbow disability and therefore, service connection for this condition is denied.

The Board has determined that the veteran does not have a current lung or respiratory disorder that arose during or was otherwise related to active service. Therefore, the claim for service connection is denied.