Other conditions decisions — 2007

The Board denied service connection for the cause of the veteran's death and denied DIC under 38 U.S.C.A. § 1318 due to lack of evidence showing a service-connected disability caused or contributed substantially or materially to the veteran's death.

The veteran's claim for an increased rating for his thoracotomy with fibromyositis of the left upper half of the trapezius muscle is being remanded due to a lack of recent VA examination and treatment records, as well as the need for further evaluation.

The Board has determined that the veteran's bilateral retinal detachments warrant a 60 percent rating from December 14, 2004. The initial rating prior to this date remains at 40 percent.

The Board found that the veteran's current stomach conditions are not related to service, including any alleged exposure to ionizing or non-ionizing radiation or a service-connected condition.

The Board has remanded the case for further development, including obtaining service medical records and a VA examination to determine if the veteran's current neck and back disabilities are related to his military service.

The Board has determined that the veteran is entitled to an effective date of February 1, 1999 for payment of additional compensation benefits for his spouse. The decision was based on the earliest possible notification of the dependent's existence.

The veteran's claim for service connection for a chronic respiratory disability, including as secondary to asbestos exposure, is being remanded due to the need for additional development and examination.

The Board denied the veteran's claims for service connection for a nervous disorder and benign essential tumors, as well as his initial evaluations for bilateral hearing loss and tinnitus. The veteran was not granted any new disability ratings or benefits.

The Board found that the appellant's discharge was due to willful and persistent misconduct, which bars him from eligibility for VA compensation benefits.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address the issues of service connection for a skin disorder and increased rating for gunshot wound injuries.

The Board denied the veteran's claims for increased ratings for his service-connected right leg and back disabilities, finding that the evidence did not meet the criteria for a rating in excess of 10 percent for residuals of a right femur fracture with one inch leg shortening or a rating in excess of 20 percent for degenerative spondylolisthesis of the lumbar spine.

The appellant's claim for recognition as the veteran's surviving spouse is being remanded due to potential issues with common-law marriage and lack of knowledge regarding legal impediments.

The Board denied the appellant's request for an effective date prior to February 1, 2001 for the reinstatement of DIC benefits based on her reapplication received in January 2002. The appeal was denied as there is no basis for an earlier effective date given the events and laws involved.

The veteran's skin condition, including actinic keratoses and solar elastosis, was previously granted service connection in December 2002. The RO is remanding the case for a new VA examination to assess current severity of his skin lesions and for proper VCAA notice regarding effective dates.

The Board has denied the veteran's claim for service connection for peripheral vascular disease with venous stasis as secondary to his service-connected residuals of multiple fractures of the left femur, tibia, and fibula with degenerative disease.

The veteran's income from Social Security Administration as of January 1, 2004 exceeds the maximum amount set by law for payment of nonservice-connected disability pension benefits.

The Board has determined that service connection is not warranted for the veteran's cause of death due to metastic cancer with an unknown primary location, and there is no evidence linking this condition to service or any exposure.

The Board denied the appellant's claim as her deceased husband did not have recognized service, thus he was not a veteran and she is not eligible for VA death pension benefits.

The veteran is seeking service connection for fatigue, which he claims was caused by exposure to polychlorinated biphenyls during his military service. The Board has determined that further development is needed to assess the nature and severity of his condition and determine its relationship to service.

The Board has determined that the veteran's debt of $10,794 was not properly created and thus he does not owe this money.