Other conditions decisions — 2007

The veteran is eligible for specially adapted housing due to his service-connected hydrocephalus and cognitive impairment, which precludes locomotion without the aid of a walker and caregiver assistance.

The veteran's claim for nonservice-connected pension benefits is denied because he does not have the required service during a period of war.

The appellant is not eligible for death benefits, to include DIC and death pension due to her marriage not meeting the required criteria.

The Board has determined that the veteran's bilateral shin splints are related to her active duty service and grants service connection for this condition.

The Board has determined that the veteran does not have a current heart murmur or memory loss disability related to his military service and therefore denied both claims.

The Board has decided to remand the case due to insufficient notice provided in the previous denial of the claim for service connection, and the need to provide additional information regarding the rating and effective dates.

The Board has determined that the appellant cannot be recognized as the surviving spouse of the veteran for VA benefits due to a prior valid marriage and because A.S. was already recognized by VA as the veteran's surviving spouse.

The Board denied the veteran's claim for an earlier effective date of May 11, 2004 for special monthly pension based on the need for aid and attendance. The appeal was denied as there is no legal basis to assign an earlier effective date.

The Board has determined that the veteran's service-connected left testicular varicocele does not warrant a compensable rating, as there is no evidence of voiding or renal dysfunction.

The Board finds that the veteran's bilateral foot disorder did not become manifest during service and is not related to any incident, disease or exposure during his active service. The claim for increased rating of right knee disorder was denied as there is no evidence showing a current disability due to service-connected conditions.

The VA denied claims for increased evaluations and an earlier effective date for compensation under 38 U.S.C.A. § 1151 for the veteran's residuals of a colonoscopy with diarrhea/dumping syndrome, finding that his symptoms did not warrant higher ratings or earlier effective dates based on the provided evidence.

The VA denied service connection for residuals of pneumonia but granted service connection for current bronchiectasis. The veteran's current condition is not considered a residual of his in-service pneumonia.

The veteran's unauthorized medical expenses incurred on October 8, 2004 for gastritis were reimbursed as the treatment was for a medical emergency and VA facilities were not feasibly available.

The veteran's mesothelioma, a service-connected condition, caused his death. The appellant is granted accrued benefits and eligibility for dependents' educational assistance (DEA) under Chapter 35 of Title 38. The burial allowance claim is also granted as the cause of death was due to a service-connected disability.

The Board denied the veteran's claim for service connection for right heel and leg disorders, finding that new evidence did not establish a causal relationship to service.

The Board has remanded the case for further development, including a VA examination to determine the extent and severity of all residuals of the veteran's left inguinal hernia repair.

The veteran's bowel resection and sigmoid diverticulitis were the result of his own condition, not due to VA treatment. The Board found no additional disability resulting from VA care.

The Board found that the veteran does not have a current disability related to his service-connected condylomata acuminata and concluded that there is no link between any current venereal disease, other than condylomata acuminata, and his active military service.

The Board has determined that the veteran's dry eye syndrome does not warrant a rating higher than 10 percent, as it does not meet the criteria for any higher evaluation based on current symptoms and visual acuity.

The Board denied the veteran's claims for increased ratings and earlier effective dates for his service-connected right and left lower extremity claudication, status post popliteal release.,The evidence did not show that the veteran's disability warranted a higher rating at any time during the appeal period.