Other conditions decisions — 2007

The Board has determined that the veteran's TMJ dysfunction with otalgia does not meet the criteria for a compensable rating.

The Board found no evidence of a nexus between the veteran's current back disability and his service, thus denying his claim for service connection.

The Board found that the veteran knowingly submitted a fraudulent affidavit, which was used to support another individual's claim for VA benefits. The Board concluded this constituted forfeiture of his rights under VA laws.

The Board has determined that the veteran's schizoaffective disorder is related to service and has granted service connection for this condition.

The Board denied a rating higher than 10 percent for the veteran's right retropatellar pain syndrome, finding that flexion was to 120 degrees and extension normal or to 0 degrees, which do not meet the criteria for a higher rating under Diagnostic Codes 5260 or 5261.

The veteran's claim for service connection for bilateral foot disabilities is being remanded to the RO for additional development.

The Board has remanded the case for a VA medical opinion regarding whether it is at least as likely as not that the veteran's cause of death was due to service, including exposure to Agent Orange. The appellant will also be provided with an opportunity to provide supplemental medical opinions which include rationale.

The Board has denied the veteran's claim for service connection for a sleep disorder as new and material evidence was not received to reopen his previously denied claim.

The Board has determined that the appellant is not entitled to be recognized as the veteran's surviving spouse for VA benefits purposes due to a lack of evidence supporting their marriage and cohabitation after the veteran's second divorce.

The Board has determined that the overpayment of $11,890.80 in VA non-service-connected pension benefits due to incarceration was properly created and denied the veteran's appeal.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 as his right eye blindness was not caused by VA surgical treatment on June 24, 2002.

The veteran's military service does not meet the threshold requirements for VA nonservice-connected pension benefits due to lack of active duty during a period of war.

The Board found no credible evidence of a cold injury to the right foot during service and denied the veteran's claim for service connection.

The Board has granted service connection for fungal infection to the toenails of both feet and to the fingernails of the right hand, as well as polyneuropathy to all four extremities. However, service connection is denied for arthritis and pain in various joints.

The veteran's claim for service connection for large cell carcinoma of the lung, claimed as due to asbestos exposure during service, is being remanded for additional development including obtaining medical opinions and exploring SSA disability benefits.

The Board found that the appellant's deceased spouse did not have qualifying service and therefore is not a veteran, denying her eligibility for VA benefits.

The VA determined that there is no evidence to support a connection between the veteran's current skin condition of the back and his military service.

The veteran's claim for non-service-connected pension benefits is denied as he has no wartime service.

The Board found that the cause of the decedent's death was not related to service-connected disability and denied both the claim for service connection for cause of death and the basic eligibility for non-service-connected death pension.

The veteran's service-connected fracture of the left os calcis with arthritic changes is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on current evidence.