Other conditions decisions — 2007

The Board has remanded the case due to inadequate medical opinion regarding service connection for residuals of cold injuries of the lower extremities, specifically degenerative joint disease of the first toes. The veteran's claim is pending further development and review.

The veteran withdrew his appeal for eligibility to VA education benefits before a decision was made.

The Board denied the claim for an earlier effective date for adding the veteran's spouse and child as dependents, finding that the earliest possible effective date is December 1, 2002.

The Board found that the retroactive reduction of payment for Chapter 30 educational benefits from 12 credit hours to 5 credits hours as of June 28, 2004 was proper and denied the veteran's appeal.

The Board found no evidence that the veteran's service-connected conditions caused or contributed to his death, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran does not have mitral valve prolapse or any other cardiac disorder manifested by chest pain due to military service.

The veteran's claim for service connection for a bilateral foot condition has been reopened. His PTSD rating remains at 70 percent with retroactive effective date of June 30, 2005. The case is remanded to determine the etiology of his bilateral foot condition and whether it is related to military service.

The veteran's cause of death was listed as septic shock due to neutropenia and AML. The appellant is seeking service connection for the cause of her husband's death, claiming it was caused by exposure to Agent Orange during his active service in Vietnam.

The Board has determined that the veteran's neck and back injuries are not service-connected, as there is no evidence of a current disability related to these conditions. The shoulder injury claim was also denied.

The Board has determined that the submitted evidence does not establish a new and material basis for reopening the claim of service connection for a back injury, as it is merely cumulative or duplicative of previous contentions.

The appellant and the veteran did not meet the legal requirements to be considered as a surviving spouse or children for VA benefits purposes. The Board found that there was no valid marriage between them, nor any evidence of cohabitation meeting the criteria for a deemed valid marriage under VA regulations.

The Board has determined that the veteran does not have a skin disability and therefore cannot establish service connection based on radiation exposure. As such, the claim is denied.

The Board denied service connection for the cause of the veteran's death due to metastatic hepatoma, finding that it did not manifest within one year after service and was not related to any aspect of service.

The veteran's appeal is being remanded for a videoconference Board hearing. The issue of entitlement to service connection for residuals of a fracture of the great right toe remains pending.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private facility was denied because the VA facilities were feasibly available and an attempt to use them beforehand would have been considered reasonable by a prudent layperson.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The appellant's claim for service connection for residuals of a stroke has been dismissed due to the death of the appellant during the pendency of the appeal.

The Board found that the veteran's current deep venous thrombosis of the right lower extremity did not begin during service, was not caused by any incident of service, and was not caused or aggravated by his service-connected right knee disability.

The Board denied service connection for residuals of retained metallic foreign bodies in the mid-spinal area due to a lack of medical evidence showing a current disability related to his in-service shrapnel wounds.,The Board also denied an initially compensable evaluation for residuals of retained foreign bodies in the lungs, as there is no medical evidence showing these conditions are related to service.

The Board denied the veteran's claim for a higher rating for residuals of a gunshot wound to the right hand. The current noncompensable rating assigned for limitation of motion in the right fifth finger is considered appropriate. However, ankylosis of the right long finger due to a gunshot wound was granted with a separate 10 percent rating.