Other conditions decisions — 2008

The Board has determined that new and material evidence has been submitted to reopen the veteran's previously denied claim for service connection for residuals of a right hip injury.

The Board has determined that the appellant is not eligible for an apportionment of the veteran's disability benefits due to their legal separation and subsequent divorce.

The Board finds that the veteran does not have a current disability of Non-Hodgkin's Lymphoma or its residuals, including adenocarcinoma of the gallbladder. The non-Hodgkin's lymphoma has been in remission for many years before the claim was filed and there are no current residuals directly associated with it.

The Board found that the appellant does not meet the basic eligibility requirements for nonservice-connected disability pension benefits due to a lack of appropriate service, and thus denied his claim.

The Board has determined that the veteran's right index finger avulsion injury and laceration residuals do not warrant a rating in excess of 10 percent, as there is no evidence of ankylosis or amputation. Separate ratings for tender scars are granted.

The veteran is entitled to an increased rate of SMC based on the need for regular aid and attendance due to his service-connected neurological impairment, bladder dysfunction, bowel dysfunction, and other conditions.

The Board denied the appellant's attempts to reopen her claims for nonservice-connected death pension benefits and accrued benefits, finding that no new and material evidence had been submitted. The claim of entitlement to service connection for the cause of the veteran's death remains final.

The Board has determined that the veteran's service connection for residuals of necrotic pulpectomies to teeth #8 and #25 is granted. The issue of whether he currently has any residual dental conditions related to his in-service trauma, specifically tooth #7, remains pending.

The Board has granted service connection for bilateral talocalcaneal condition and assigned a 30 percent evaluation, effective February 23, 2005.

The Board denied the veteran's claim for service connection for residuals of cold injury to the lower extremities and also denied his application for nonservice-connected pension benefits due to excessive income.

The Board has denied the appellant's claim for compensation under 38 U.S.C.A. § 1151 due to VA medical treatment, finding that there was no evidence of negligence in the veteran's care.

The Board has reopened the claim for service connection for costochondritis, but denied an increased evaluation for right elbow fracture as there is no evidence showing nonunion in the lower half of the radius or limitation of flexion and extension to specific degrees.

The Board has determined that the veteran does not have a chronic coccyx disability associated with his service and therefore, service connection for a coccyx disability is denied.

The Board denied the appellant's application to reopen her claim for revocation of forfeiture of VA benefits, finding that the additional evidence presented was not new and material.

The Board found that the objective and probative medical evidence does not preponderate against a finding that esophageal cancer is related to the veteran's period of active military service, including his exposure to Agent Orange. Therefore, the claim for service connection for esophageal cancer was denied.

The veteran's service-connected disabilities, including spondylolisthesis and loss of use of the left leg due to back disability, necessitate the regular and constant use of a wheelchair, crutches, or cane as a normal mode of locomotion. The Board finds that the veteran meets the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing.

The Board denied the veteran's claim for service connection for the cause of his death and also denied his accrued benefits claim due to lack of timely filing.

The veteran's claimed rectal cancer and prostate disorder are not shown to be related to his military service, including herbicide exposure in the Republic of Vietnam.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected right knee disability.

The veteran's service is not considered to meet the requirements for nonservice-connected disability pension benefits as he did not serve during a period of war.