Other conditions decisions — 2008

The Board has determined that the veteran's anterior wedging at T12 warrants a rating of 40 percent, effective from August 11, 2005 to January 31, 2006. Additionally, a separate 10 percent disability evaluation is granted for left L5-S1 radiculopathy during the same period.

The Board has remanded the case for additional development, including obtaining private medical records and scheduling a VA examination to determine if the veteran's lung disorder is related to service or asbestos exposure.

The Board denied the appellant's claims for benefits under 38 U.S.C.A. § 1805 and § 1815, finding no legal basis to award monetary benefits based on her father's Vietnam service.

The Board denied the veteran's claim for service connection for a chronic stomach disorder to include hiatal hernia and ventral hernia because there was no clinical evidence of a hiatal hernia or ventral hernia in service or for many years following his discharge from service. The veteran did not appeal this decision, making it final.

The Board has determined that the December 2006 VA opinion is inadequate and nonresponsive, and the veteran's claim for compensation under 38 U.S.C.A. § 1151 must be remanded to allow for further development of his claims.

The veteran does not meet the basic eligibility requirements for enrollment in VA's healthcare system due to his status as a nonservice-connected veteran and financial data provided.

The Board has determined that the veteran's left foot condition, which resulted in a status post great toe basal joint arthrodesis, was not incurred or aggravated by active service. The evidence does not support a finding of service connection for this disability.

The appellant's second marriage to another individual did not terminate prior to November 1, 1990, and therefore she is not considered the surviving spouse of the veteran for purposes of receiving death pension benefits.

The veteran's claims for service connection for Epstein-Barr virus infection, residuals of exposure to ionizing radiation including a disorder manifest by general health problems, a genetic disorder, and degeneration of the bones were denied as there is no evidence of current disabilities or direct service connection.

The Board has determined that the veteran's arthritis was not incurred in or aggravated by active duty service, and thus denied his claim for service connection.

The Board found that the veteran's myositis was not incurred in service and denied his claim for service connection.

The Board found that the veteran's claim for service connection for residuals of dental trauma was denied because there is no new and material evidence to reopen the previously denied claim, as the additional evidence submitted did not relate to any dental trauma in service.

The Board is remanding the case to determine if the veteran's varicose veins pre-existed service and were aggravated by his active duty, or if they are related to any other condition he had during service.

The Board denied the veteran's claim of service connection for chronic pulmonary disease in September 1983, finding that there was no evidence linking his current condition to his military service.

The veteran's claim for non-service-connected pension benefits is denied as he did not have any wartime service.

The Board denied a disability rating in excess of 20 percent for the veteran's residuals of fractured radius and ulna of the left arm, finding that the evidence did not support such an increase.

The Board has determined that the appellant's substantive appeal was not timely filed, and thus does not have appellate jurisdiction over her claim of entitlement to basic eligibility for VA benefits. The issue of whether new and material evidence has been received to reopen the claim is being remanded for further action.

The Board denied the veteran's request for an effective date prior to November 4, 2003, for the establishment of basic eligibility for educational benefits under Chapter 35 of Title 38, United States Code. The veteran was found to have a permanent total service-connected disability effective on that date.

The veteran's left eye disability, including vision loss, is not considered to be the result of an event not reasonably foreseeable or due to VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance. The claim for benefits under 38 U.S.C.A. § 1151 has been denied.

The veteran is seeking service connection for varicose veins, which he claims are related to his frostbite from active service. The Board has ordered the RO to obtain and associate with the file copies of the veteran's service medical records from Italy in 1944 where he received treatment for vein and bronchitis issues. If these records indicate any vascular complaints or treatment, they should be reviewed by a VA examiner who will determine if it is at least as likely as not that the current varicose veins disability is causally related to active service.