Other conditions decisions — 2007

The Board has determined that the veteran does not have any eye abnormality except for presbyopia, which is a refractive error. The claim of service connection for presbyopia is denied.

The veteran withdrew her appeal regarding the issue of entitlement to reimbursement or payment for unauthorized private medical expenses incurred at Manatee Memorial Hospital on June 26, 2005.

The Board found that the appellant's erythema multiforme existed prior to his periods of active duty and was not aggravated by service. Therefore, the claim for service connection was denied.

The Board has remanded the case for additional development, including obtaining medical records and a VA opinion regarding the cause of death.

The veteran's claim for service connection for a lung condition due to asbestos exposure is being remanded for further development and clarification of his current respiratory disorder status.

The Board is remanding the veteran's claims for service connection and reopening of previously denied arthritis claims due to incomplete notification, need for additional VA treatment records, and need for a medical opinion regarding cold injury residuals.

The Board has determined that the veteran's claimed neck injury and diverticulitis are not related to service, and therefore denied both claims.

The Board has determined that the veteran's basal cell carcinoma is not related to service, including as due to herbicide exposure. The claim for hepatitis C was not perfected and will be addressed in a separate decision.

The Board has determined that the appellant and the veteran had a common law marriage for more than one year immediately preceding the veteran's death, allowing the appellant to be recognized as his surviving spouse for VA benefits.

The Board has reopened the veteran's claims of entitlement to service connection for chronic conjunctivitis and a dental condition, but has not decided whether these claims are ultimately granted as they remain inapplicable due to lack of new and material evidence.

The veteran's injuries were sustained in a motor vehicle accident, not related to VA care or treatment. The claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran does not have a current diagnosis of tendonitis of the feet and therefore cannot establish service connection for this condition.

The appellant is not eligible for nonservice-connected death pension benefits due to the veteran's service not qualifying as active duty. The cause of the veteran's death cannot be established as related to his military service.

The Board has determined that the veteran's cause of death was not related to his military service and therefore denied the claim for service connection for cause of death.

The Board has determined that the veteran's bilateral defective hearing does not warrant a compensable evaluation, as his most severe audiometric findings did not meet the criteria for a higher rating under VA's compensation and pension schedule.

The Board found that the veteran's avascular necrosis of the hips did not have its onset during her military service and could not be linked to any period of active duty for training or inactive duty training. The claim was denied as there is no evidence linking the current disability to service.

The Board denied the veteran's claims for service connection for residuals of shell fragment wounds to the neck, including arthritis of the neck, and a rating in excess of 70 percent for PTSD. The decision found that arthritis of the neck was not incurred or aggravated by service.

The veteran is seeking a lower effective date for his non-service connected disability pension. The case needs to be remanded due to the need for VCAA compliance and obtaining SSA records.

The Board has determined that the veteran's bilateral hallux malleus does not warrant a rating higher than 10 percent, as there is no evidence of functional loss due to pain or weakness and the condition does not meet criteria for more severe conditions.

The veteran's left hip disability was granted a 70 percent rating since July 1, 2005, based on marked severe residuals with pain and limitation of motion after total hip replacement.