Other conditions decisions — 2007

The veteran's cause of death was due to non-Hodgkin's lymphoma, which had been service-connected since March 6, 2003. The appellant sought additional compensation under 38 U.S.C.A. § 1311 based on the veteran's entitlement to a higher rate of Dependents' Indemnity Compensation (DIC) benefits due to his death while receiving total disability for eight years prior to death. However, the Board found that no earlier effective date was warranted as the first confirmed diagnosis of non-Hodgkin's lymphoma occurred in January 1996.

The Board has determined that the earliest possible effective date for the award of service connection for the cause of the veteran's death is August 16, 2000. The claim for an earlier effective date is denied.

The veteran's service in the Republic of Vietnam or covered service in Korea is not established, and therefore, the appellant is not eligible for benefits under 38 U.S.C.A. § 1805, 1821 for a child born with spina bifida.

The Board denied the veteran's claims for service connection for sigmoid colon resection and severe diverticulosis, gastrointestinal bleeds, and status post branch retinal artery occlusion of the left eye. The reasons given were that there was no evidence linking these conditions to service or a service-connected disability.,Service connection could not be granted because the veteran's claimed conditions did not meet the requirements for direct or secondary service connection.

The Board has decided to remand the case for further development due to the need to obtain additional medical evidence from the veteran.

The Board has determined that additional development is needed to ensure compliance with VA's duty to notify and assist the veteran, including obtaining relevant medical records and scheduling a VA examination.

The Board has denied the veteran's claims for service connection for residuals of a hairline fracture of the skull, residuals of a fracture of the second toe of the left foot, and schizoaffective disorder. The evidence does not support these claims as there is no current disability related to any of these conditions.

The Board has determined that the veteran's current right elbow disability is related to her active military service, and thus grants service connection for this condition.

The Board found no diagnosed disability manifested by urinary voiding difficulties in service or linked to service, and thus denied the veteran's claim for service connection.

The Board found that the evidence does not show a current lung disorder related to asbestos exposure in service, and thus denied the claim for service connection.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for chronic back injury residuals.

The Board denied the moving party's request to restore service connection for depressive neurosis, finding no disability in service and concluding that the condition developed post-service.

The Board determined that the overpayment of VA pension benefits was not properly created due to the veteran's timely reporting of income, and therefore denied the request for waiver.

The veteran's claim for payment of unauthorized medical expenses from August 15 to August 21, 2003 is being remanded due to the lack of his VA medical records and other relevant documents.

The Board has determined that the veteran does not have residuals of cold weather injury to his lower legs due to service, as there is no medical evidence linking any current disabilities to a cold injury sustained during active duty.

The Board denied the veteran's claims for service connection for carcinoid syndrome, increased evaluations for postoperative residuals of the removal of a benign simple hyperplasia of the left breast and recurrent migraine headaches. The evidence did not support a finding that the veteran's claimed conditions were related to his military service or any service-connected disabilities.

The veteran's unauthorized medical expenses incurred on February 4, 2005 for emergency treatment of pink eye and an upper respiratory infection were denied as he did not meet the criteria for reimbursement under VA regulations.

The Board denied service connection for the veteran's neurological disability, including as a result of herbicide exposure. The claim was based on direct evidence and not on any presumption related to Agent Orange exposure.

The Board found that the veteran's failure to report his wife's income from 1983 to 1988 resulted in an overpayment of nonservice-connected pension benefits, and thus a debt was validly created.

The Board found that the veteran's fatigue symptoms were not related to his service and could be attributed to known clinical diagnoses, such as chronic fatigue syndrome and obstructive sleep apnea. Therefore, service connection for a disability manifested by fatigue was denied.