Other conditions decisions — 2007

The Board found that the appellant's daughter LF, who has Down's syndrome and is permanently incapable of self-support, had her SSA payments to the appellant as payee reasonably available for use by the appellant. Therefore, the income from these payments was considered countable income for pension purposes.

The veteran's service-connected chondromalacia patella of the right knee was granted a noncompensable rating from July 8, 1997 to October 23, 2002 and a compensable rating of 10 percent thereafter.

The Board of Veterans' Appeals has determined that the veteran's Crohn's disease and its residuals do not meet the criteria for compensation benefits under 38 U.S.C.A. § 1151 due to VA medical treatment or lack thereof.

The Board denied service connection for the cause of death due to ALS and denied Dependents' Educational Assistance benefits as the veteran was not service-connected for any disability at the time of his death. The evidence did not support a finding that ALS was caused by military service or exposure to herbicide agents.

The case is being remanded to the AOJ for further examination and development of evidence related to the veteran's claim for service connection for an upper respiratory disorder.

The Board has denied the claim of service connection for the cause of the veteran's death, finding that pancreatic cancer did not have a nexus to his military service or exposure to Agent Orange in Vietnam.

The Board has ordered the RO to investigate the circumstances under which a felony warrant was issued against the veteran, and determine if the discontinuation of his nonservice-connected pension benefits was proper. The case will be returned to the Board for further review after this investigation.

The Board has determined that the veteran's claimed conditions were not incurred or aggravated by service.,Service connection was denied for abnormal menses with intermittent anemia and fatigue, premenstrual syndrome, and a white blood cell disorder/red blood cell disorder secondary to exposure to hazardous chemicals.

The Board has granted a 20 percent disability rating for right eye vision loss, effective from November 20, 2002. The veteran's claim for an increased rating remains pending.

The Board has determined that the provided VCAA notice was not tailored to the DIC claim under 38 U.S.C.A. § 1151 and remands for issuance of appropriate VCAA notice.

The veteran's appeal is remanded to the RO for a new VA examination of his service-connected bilateral foot disorders due to alleged worsening since his last examination in February 2003.

The Board has remanded the case for additional development, including obtaining information about the veteran's exposure to hazardous substances in the Persian Gulf War and a medical opinion on whether these exposures are related to his death from metastatic esophageal squamous cell cancer.

The VA denied the veteran's claim for service connection for atrial fibrillation, finding no evidence linking his current condition to his active duty service.

The Board has determined that the appellant is not entitled to accrued benefits or death pension benefits due to a lack of qualifying service.

The veteran's claim for service connection for a dental condition, which may be related to his irritable bowel syndrome, is being remanded due to the need for additional medical records and an examination.

The Board denied the veteran's claim for service connection for arthritis of the right side, including the right hand and fingers due to a lack of medical evidence showing such condition was present in service or related to service.

The Board has determined that the veteran is not entitled to an increased evaluation for bilateral wrist tendonitis under the applicable rating criteria.

The veteran's epididymitis has been rated as noncompensable, but the Board granted a 10% rating based on urinary frequency.

The Board has granted increased ratings of 20 percent for the veteran's residuals of a gunshot wound to the left hand and 30 percent for his residuals of a gunshot wound to the right upper extremity.

The Board has denied the veteran's claim for service connection for emphysema, finding no medical evidence linking this condition to his in-service exposure to asbestos. The veteran was not diagnosed with emphysema during or after service and there is no competent medical evidence showing a link between his current condition and his military service.