Other conditions decisions — 2008

The Board denied the veteran's claims for earlier effective dates, finding that the correct effective date for service connection of ulnar nerve injury was November 5, 1985. The claim for increased rating of left clavicle disability was not granted as there was no increase in severity prior to March 2006.

The Board has granted service connection for the cause of the veteran's death, but with an effective date of October 7, 2004. This is based on a change in law that created a presumption of service connection for hypertension and related conditions in former prisoners of war.

The Board found no evidence of a chronic foot disability in service and denied the claim for service connection.

The Board denied the appellant's claim for an effective date prior to October 1, 1998 for the initial grant of DIC benefits due to a change in law that allowed remarried surviving spouses whose marriages were terminated by death or divorce to be considered for DIC.

The veteran is not eligible for enrollment in the VA healthcare system as he does not meet the eligibility requirements, including being in a higher priority category.

The Board has remanded the case due to insufficient evidence on file regarding whether the veteran's current respiratory disorder is related to his military service, specifically exposure to asbestos aboard the USS Princeton. The veteran will be provided a VA compensation examination for a medical nexus opinion concerning this determinative issue.

The VA denied the veteran's request for a higher rating of his service-connected left elbow sprain with epicondylitis, as his disability is currently rated at 10 percent.

The Board denied service connection for the veteran's colon cancer, finding that it was not incurred in or aggravated by his military service and was not related to any asbestos exposure.

The veteran's son, who is married and over the age of 18, does not meet the criteria for recognition as a helpless child due to permanent incapacity for self-support prior to reaching the age of 18 years.

The Board found that the veteran's tongue and neck cancer was not related to his service, including any potential radiation exposure. The claim for service connection is denied.

The veteran's claims for increased ratings were denied. The right inguinal hernia was not found to meet the criteria for a compensable rating prior to May 7, 2003 and since then has not met the criteria for any higher rating. The left foot condition did not meet the criteria for an increased rating.

The Board denied the veteran's claims for an initial compensable rating before March 14, 2007 and a higher than 20 percent rating from that date due to lack of evidence showing voiding dysfunction with urinary leakage or obstructed voiding.

The Board has granted an effective date of August 30, 2002 for a 60 percent rating for hidradinitis suppurativa/genital herpes.

The veteran's application for educational assistance was received in December 1999, more than one year after the training began. Therefore, he is not entitled to benefits.

The Board has ordered a remand due to the need for additional medical examination and records review, as well as clarification of the service connection theory.

The VA has determined that the veteran's service-connected epididymitis does not warrant a compensable disability rating, as his condition is manifested by pain and tenderness without requiring long term drug therapy or frequent hospitalizations.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she did not live with the veteran continuously from the date of their marriage to his death and that the separation was due to the misconduct of the veteran's children.

The Board has determined that the preponderance of evidence is against the claim that the veteran's cause of death, respiratory failure due to (or as a consequence of) pancreatitis was related to his period of military service, including his presumed exposure to Agent Orange.

The RO denied the appellant's claims for service connection for the cause of the veteran's death and DIC under 38 U.S.C.A. § 1318, but the appeal is being remanded due to missing records.

The veteran died on July [redacted], 2003, and the appellant filed a claim for accrued benefits more than one year after the veteran's death. The appeal is denied as the claim was not timely.