Other conditions decisions — 2007

The Board denied service connection for the cause of the veteran's death, finding that esophageal cancer was not caused by any incident of service and is not a disease associated with exposure to herbicide agents. The claim was denied as there was no evidence showing a direct link between military service and the veteran's cause of death.

The veteran's daughter filed a claim for accrued benefits more than one year after the veteran's death. The Board found that there was no pending claim at the time of the veteran's death and denied the claim.

The veteran's annual income exceeds the maximum pension rate, resulting in denial of nonservice-connected disability pension with aid and attendance.

The Board is remanding the case to the RO for development, including providing corrective VCAA notice and readjudicating the claim to reopen for cause of death.

The Board found that the veteran's eye condition, including blepharitis and cataracts, was not incurred in or aggravated by active service. The claim for PTSD is remanded.

The Board has remanded the case due to new evidence submitted by the appellant, which relates to whether she should be considered a member of the veteran's household for Chapter 35 benefits. The decision will depend on whether the appellant receives at least half her support from the veteran.

The Board found that the veteran's degenerative changes of the thoracic spine warranted a 10 percent disability rating, but not higher. The claim for reopening service connection for arteriosclerotic heart disease was granted.

The Board denied the veteran's claim for additional education benefits under two or more programs due to receiving assistance in excess of 48 months.

The Board denied the veteran's claim for service connection for systemic lupus erythematosus (SLE) due to a lack of medical support linking his illness to his anthrax vaccinations, despite temporal association and ongoing investigations.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she did not meet the legal requirements to be considered a surviving spouse under VA regulations.

The Board has determined that the veteran's right eye disability, manifested by macular scarring from an old choroidal rupture and visual acuity of 20/60 in the right eye and 20/20 in the left, does not warrant a rating in excess of 10 percent.

The Board found that the veteran's obesity and liver condition are not related to his service-connected disabilities, and thus denied both claims.

The Board denied the appellant's claim for an effective date earlier than March 19, 2003 for restoration of parents' dependency and indemnity compensation due to her failure to provide a completed Eligibility Verification Report (EVR) as required by VA regulations.

The Board has determined that there is no competent medical evidence linking the veteran's diagnosed anxiety disorder to her military service or any incident therein, and therefore denied her claim for service connection.

The veteran's appeal is remanded due to the need for additional medical development regarding his service-connected PTSD.

The veteran died in July 2004 and the appellant applied for burial benefits. The Board found that the veteran was not entitled to these benefits as he did not meet any of the criteria set by VA regulations.

The Board has determined that additional development is needed to determine if the appellant had knowledge of a legal impediment to her purported common-law marriage with the veteran, and whether she should be recognized as his surviving spouse for VA benefits purposes.

The Board has determined that the veteran does not have residuals of aneurysm in aorta with replacement or residuals of aneurysms in both legs due to service, and these conditions are not secondary to his service-connected hypertension.

The Board found no evidence of an adverse drug reaction during service and denied the veteran's claim for service connection for residuals of brain trauma.

The Board has ordered additional development to gather medical records and conduct a VA examination for the veteran's claims of service connection for dizziness, fatigue, muscle pain, and joint pain.