Other conditions decisions — 2007

The Board has remanded the case for further development due to outstanding claims of service connection for arthritis and chronic nasopharyngitis. The appellant's claim for accrued benefits remains pending.

The veteran's ocular disability, including esotropia and cataracts, is being remanded for further development to determine if it is related to service.

The veteran's claim for nonservice-connected pension benefits was denied as he did not serve during a period of war, and thus does not meet the basic eligibility requirements.

The Board denied service connection for the cause of death due to a brain tumor, finding that there was no evidence linking in-service symptoms to the fatal condition. The Board also found insufficient evidence to support the claim that in-service headaches and eye problems were early manifestations of the brain tumor.

The Board denied the veteran's claims for service connection for spina bifida occulta and spinal meningitis, finding that there was no increase in disability during service and insufficient evidence to support a finding of aggravation. The preexisting conditions were not aggravated by service.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805 as a child of a Vietnam veteran born with spina bifida, finding that the appellant does not have spina bifida.

The Board denied the veteran's claims for service connection for alcohol and drug addiction, an adjustment disorder, and a right knee disorder. The decision also noted that there was no indication of a right thumb disability in service or due to service-connected conditions.

The appellant is not eligible for VA death benefits, including DIC and pension, as she was not married to the veteran before or during his military service.

The veteran's appeal is being remanded due to the need for additional medical records and a new VA examination.

The Board denied the veteran's claim for service connection for non-Hodgkin's lymphoma, finding that there was no evidence of a nexus between his current condition and his military service.

The Board has determined that the veteran's service-connected chronic right shoulder tenosynovitis, with a complete rotator cuff tear and essentially permanent subluxation of the humeral head, warrants a rating of 30 percent.

The Board has determined that the appellant is not eligible to file a claim for DIC benefits as her remarriage after age 57 means she is not the veteran's surviving spouse.

The Board found that the veteran's moderately differentiated adenocarcinoma of the sigmoid colon was not incurred during active service and denied his claim for service connection.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and ensuring proper notice under the VCAA.

The veteran's claim for a higher disability rating for his right hip arthritis is being remanded due to the need for additional examination and consideration of new evidence.

The VA denied the veteran's claim for an increased rating for his left knee disability, finding that it did not meet the criteria for a higher rating based on limitation of motion.

The Board has reopened the claim and granted service connection for a thoracic spine disability, finding that new evidence supports an in-service injury and current disability.

The Board has determined that recovery of the overpayment of $5,092.40 in VA benefits would be against the standard of equity and good conscience due to fault on both the part of the veteran and VA, but with greater fault attributed to VA.

The veteran's disability compensation was reduced due to his incarceration for a felony conviction, effective April 1, 2002.

The Board denied the veteran's claim for service connection due to his own willful misconduct in driving at an excessive speed, resulting in a head injury during service.