Other conditions decisions — 2007

The Board has granted an apportionment of the veteran's VA disability compensation benefits to the appellant in the amount of the additional disability compensation he receives for her as a dependent spouse, from June 28, 2006.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the veteran's service in Thailand included visitation to Vietnam, and therefore he is presumed to have been exposed to herbicides including Agent Orange. As a result, his diagnosis of chronic lymphocytic leukemia (CLL) can be considered service-connected.

The Board dismissed the appeal because a timely appeal was not received within 30 days of the statement of the case.

The Board denied the appellant's claim for an earlier effective date for death pension benefits, finding that the criteria were not met and that the effective date was March 1, 2004.

The Board denied service connection for adenocarcinoma of the colon, finding no direct or presumptive evidence linking it to service, including herbicide exposure.

The Board found no evidence that VA's care caused additional disability, and thus denied the claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the appellant did not timely file a Substantive Appeal regarding her claims for service connection for the cause of the veteran's death, nonservice-connected death pension benefits, and accrued benefits. As a result, these claims are considered to be denied due to lack of jurisdiction.

The veteran has withdrawn his appeals for compensation under the provisions of 38 U.S.C.A. § 1151 for residuals of left leg vascular surgery and whether new and material evidence has been submitted to reopen a claim for entitlement to service connection for dental trauma.

The Board has remanded the case for additional development, including clarifying whether the veteran wants a hearing before an RO officer or a Veterans Law Judge and scheduling the appropriate type of hearing.

The Board denied the veteran's claim for eligibility to nonservice-connected death pension benefits due to a lack of qualifying service.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from July 2, 2004, to July 9, 2004 is being remanded due to deficiencies in notice and assistance provided.

The Board has remanded the case for issuance of a statement of the case regarding whether the discontinuance of vocational rehabilitation services in April 1995 was proper, and to readjudicate the issue of entitlement to vocational rehabilitation services.

The Board has determined that the appellant does not have qualifying service for VA benefits and therefore denies their claim.

The Board denied the veteran's claims for an increased rating for his service-connected shrapnel fragment wound to the right buttock and service connection for a low back condition, finding that the current 20 percent disability rating adequately reflects the severity of his residuals.

The Board has remanded the case to the IHCS for additional development, including obtaining VA medical records and determining if the veteran's treatment at Memorial Medical Center was necessary due to a medical emergency.

The Board found that the veteran's chronic muscle/joint pains, including as manifestations of undiagnosed illness, were incurred in active service and granted service connection.

The veteran is seeking service connection for metastatic neck cancer, which he claims is due to Agent Orange exposure. The primary site of the cancer is unknown and requires further investigation.

The Board finds that the veteran's death was caused by his service-connected thrombophlebitis, which contributed substantially to his death. The claim for compensation under 38 U.S.C.A. § 1151 is also granted.

The Board found no clear and unmistakable error in the April 30, 2003 rating decision that assigned a 10 percent rating for memory loss due to an undiagnosed illness. The Board concluded that the correct facts were considered and that the law was correctly applied.