Other conditions decisions — 2007

The Board has determined that the appellant's service from March 1975 to July 1976 is valid and honorable, allowing him to be eligible for VA benefits.

The Board found that the veteran's pre-existing apertognathia with tongue thrust habit existed prior to service and did not undergo an increase in severity during service. The Board denied her claim for service connection as the effects of the in-service surgical procedures are specifically precluded by regulation.

The veteran's claim for a higher rating for her service-connected back disability is remanded due to the need for another VA examination.

The veteran is seeking service connection for cold weather injury residuals to his hands and feet, including arthritis. The Board has determined that a VA examination is needed to clarify the nature of these conditions and their relationship to service.

The Board has remanded the case for further development and consideration of the appellant's claim to establish legal entitlement to VA death benefits. The appellant must submit evidence that was not previously submitted, relates to an unestablished fact necessary to substantiate her claim, and raises a reasonable possibility of substantiating her claim.

The veteran's recurrent actinic keratoses and basal cell carcinomas are as likely as not the result of an inservice event, injury or disease, to include as due to exposure to herbicides. As such, service connection is granted.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of qualifying service, as determined by the U.S. service department.

The VA determined that the veteran's residuals of a laceration to the left thigh, muscle group XIV with a residual scar do not warrant an initial compensable disability rating.

The Board has granted the veteran's claim for service connection for dizzy spells, finding that these symptoms are presumed to have been incurred during active duty due to a combat injury.

The Board has determined that the veteran's service-connected chondromalacia patella of the right knee does not warrant an evaluation in excess of 20 percent, as there is no evidence of ankylosis, instability, or arthritis. The current 20 percent rating adequately reflects the functional impairment due to pain and limited motion.

The Board denied the veteran's claims for service connection for a genitourinary disorder, entitlement to a compensable rating for bilateral hearing loss, and entitlement to an initial rating in excess of 10 percent for bilateral pes planus.

The Board found that the veteran does not have a gastrointestinal disorder, manifested by chronic indigestion, due to disease or injury which was incurred in or aggravated by service.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the veteran for VA benefits purposes, based on her intent and cohabitation with the veteran prior to his death.

The veteran is entitled to compensation under 38 U.S.C.A. § 1151 for additional neurological and orthopedic disabilities of the left arm resulting from VA surgical treatment in February 1978.

The Board determined that the veteran's notice of disagreement with the June 2002 rating decision was not timely filed, and thus the June 2002 RO determination is final.

The Board has denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals, dissection and occlusion of catheterization of left internal mammary artery due to lack of evidence showing VA treatment was faulty or not reasonably foreseeable.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death from hepatocellular carcinoma. The appellant's claim for DIC benefits was also denied as there was no evidence of a qualifying disability at the time of her husband's death.

The Board has remanded the case for a Travel Board hearing at the Huntington, West Virginia RO. The veteran's claim of dependency and indemnity compensation under 38 U.S.C.A. § 1151 is still pending.

The veteran's death was not service-connected, and he did not have a pending claim for pension or compensation at the time of his death. Therefore, he is ineligible for nonservice-connected burial benefits.

The Board has determined that service connection for migrating polyarthralgia and gout is not warranted, as there is no current evidence of these conditions.