Other conditions decisions — 2008

The VA determined that the veteran did not have valid military service and therefore denied the application for nonservice-connected death pension benefits.

The Board has determined that the veteran's death was caused by his asbestos exposure during military service, and thus service connection for the cause of the veteran's death is granted.

The Board denied the appellant's claim for restoration of DIC benefits as she is not eligible under current law, which requires a remarriage after age 57.

The Board has determined that the appellant is not entitled to recognition as the veteran's surviving spouse due to insufficient evidence of marriage. The case is being remanded for further development, including obtaining registration dates for birth certificates and corroborative statements from witnesses.

The Board has determined that the veteran's claim for service connection for a disability manifested by shortness of breath is denied. The issue of entitlement to service connection for claustrophobia was withdrawn.

The Board has remanded the case due to scheduling issues for a videoconference hearing at the RO. The appeal is not about service connection and thus does not involve any conditions, exposure basis, or service connection theory.

The Board has determined that the veteran's pre-existing bilateral claw foot did not increase in severity during his period of active military service, and thus cannot be considered aggravated by service. As such, the claim for service connection is denied.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for his service-connected hemangioma with arteriovenous malformation of the left calf, finding that the evidence did not meet the criteria for a higher rating.

The Board has granted a 50 percent rating for the veteran's mood disorder, finding that it results in occupational and social impairment with reduced reliability and productivity. The appeal is based on service connection for this condition.

The Board has determined that the cause of the veteran's death, congestive heart failure due to or as a consequence of coronary artery disease, was not caused by or substantially contributed to his death by any service-connected disability.

The veteran's claims for higher ratings for valvular regurgitation with premature ventricular contractions were denied. The initial rating claim was not granted, and the increased rating claim was also denied.

The Board has remanded the case to determine if the veteran's exposure to x-ray radiation during treatment of his wounds received during service may have contributed to his death from myelodysplastic syndrome.

The VA denied the veteran's claim for an initial compensable evaluation for residuals of excision of a ganglion cyst from his left foot, as there was only one residual scar that did not meet criteria for higher ratings.

The Board has granted the appellant's request for waiver of recovery of an overpayment of Chapter 35 Dependents' Educational Assistance benefits in the amount of $882.97, plus accrued interest and penalty fees.

The Board has determined that the veteran's respiratory condition is not related to his time in service and denied his claim for service connection.

The Board found no new and material evidence to reopen the veteran's claim for service connection for a lung disorder, resulting in denial of the claim.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) and also denied his attempt to reopen a claim of low back disability. The decision found no evidence of PTSD, but noted that the veteran had not provided medical evidence supporting his diagnosis or linking it to service.

The Board denied the veteran's claims of service connection for nerve damage involving the neck and hypertension, finding no evidence to support these claims based on the lack of diagnosed conditions or a link to service.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied because the injuries were not caused by hospital care, treatment or an examination rendered by VA.

The Board has granted an initial noncompensable rating for residuals of PIP arthroplasty of the right fourth toe and has now assigned a compensable (10%) rating.