Other conditions decisions — 2007

The Board has reopened the appellant's previously denied claim for service connection for the cause of the veteran's death and finds that new and material evidence has been submitted. The Board concludes, however, that the cause of the veteran's death is not related to his military service.

The veteran's request for waiver of recovery of overpayment of non-service connected pension benefits was denied because it was not filed within the 180-day time limit following notification of the overpayment.

The veteran's spouse is seeking dependent's educational assistance under Chapter 35 of the U.S. Code, but her claim was denied due to a discrepancy regarding whether the veteran has a permanent total service-connected disability. The case is being remanded for further review and adjudication.

The Board denied the veteran's claims for service connection for respiratory disorders and nonservice-connected pension, finding no evidence of asbestos exposure or a current disability related to military service.

The Board has determined that the veteran does not have a lung disorder due to disease or injury incurred in service, and thus denied his claim for service connection.

The Board has determined that the veteran's vitreous floaters, which were initially diagnosed during service and continue to cause occasional visual disturbance, are service-connected.

The veteran's episodic disequilibrium, characterized by dizziness and lightheadedness, has been rated at 30 percent since August 22, 1969. This is the highest rating available under VA's Schedule for Rating Disabilities.

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to service connection for a gastrointestinal disorder previously claimed as a stomach condition.

The veteran's claim for service connection for residuals of cold injury to the bilateral feet and legs is being remanded due to a lack of VA treatment records from 1956-1958. These records are necessary to determine if service connection can be granted.

The VA denied an increased evaluation for hiatal hernia with reflux esophagitis, finding that the veteran's symptoms did not meet criteria for a higher rating.

The Board denied the appellant's claim as she and the veteran were not married at the time of his death, thus she is not entitled to VA non-service-connected death pension benefits.

The Board has determined that the veteran's service-connected residuals of fusion, bunionectomy and osteotomy with residual hallux rigidus of metatarsal of right great toe warrants a disability rating of 30 percent (but no higher), effective from the date of his claim.

The Board found that the veteran had rendered assistance to an enemy of the United States by his service in the Japanese-sponsored Bureau of Constabulary (BC) and declared forfeiture of all VA benefits under laws administered by VA.

The Board found that the veteran's arthritis did not manifest during service or within one year thereafter and has not been shown to be causally related to his military service. The Board also found that any current diagnosis of arthritis is less likely than not due to his service-connected hepatitis C.

The Board denied the veteran's claim for an earlier effective date prior to February 1, 2004 for additional compensation benefits based on her dependents. The effective date was set at February 1, 2004.

The Board denied service connection for the cause of the veteran's death due to a lack of evidence linking chronic lymphocytic leukemia, which was diagnosed after service and not related to asbestos exposure or any other service-connected condition.

The Board found that the cause of the veteran's death, pancreatic cancer, was not related to his military service and denied entitlement to service connection for the cause of death.

The Board has determined that further RO development is necessary before the appellate review can be undertaken in this case. The appellant's service representative contends that the appellant did not notify VA of her remarriage in November 1994 because she was suffering from Alzheimer's disease, and the RO has developed that question.

The veteran's claim for basic eligibility for educational assistance under Chapter 1606, Title 10, United States Code was denied because he failed to provide the required documentation showing his basic eligibility date.

The Board has determined that new and material evidence was not received to reopen the veteran's claim of entitlement to service connection for cellulitis of the right foot, resulting in a denial.