Other conditions decisions — 2008

The Board has remanded the case for further development, including a VA examination to determine if the veteran's current lung disability is related to his service or asbestos exposure.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for hypoglycemia. The RO previously denied this claim in June 1980, finding no relationship between the claimed disability and service.

The Board of Veterans' Appeals has determined that the veteran does not have a current diagnosis of an ulcer and finds that there is no evidence to support a service connection for an ulcer condition. Therefore, the claim for service connection for an ulcer condition is denied.

The Board found that the veteran's bilateral chondromalacia patellae pre-existed entrance into active service and was not permanently worsened or aggravated by his active service.

The Board has determined that the veteran's service-connected traumatic arthritis of the right foot with reflex sympathetic dystrophy warrants a 20 percent disability rating.

The Board has determined that the overpayment of $4,867.73 was not validly created due to VA administrative error and thus dismissed the issue of whether it may be waived.

The Board denied the appeal, finding that the termination of the apportionment of the veteran's pension benefits to his children as of the 61st day after his incarceration due to excessive income was proper.

The Board found that the veteran does not have a current diagnosis of a neck disability and thus denied her claim for service connection.

The Board finds that VA first received a claim for additional dependency benefits for the veteran's stepchild on February 7, 2005. There is no probative evidence of an earlier claim having been received by VA. The appeal must be denied.

The Board has determined that the veteran's claim of service connection for an eye disability cannot be reopened due to lack of new and material evidence. The claims for increased evaluations for various disabilities remain denied.

The veteran died in February 2005 and was not rated at a 100% disability level for eight continuous years prior to his death, thus the appellant is denied enhanced DIC benefits.

The Board has denied the appellant's request for an effective date earlier than November 24, 2003, for service connection for cause of death.

The veteran's claim for an earlier effective date for the waiver of insurance premiums was denied as there is no evidence showing circumstances beyond his control prevented him from filing a claim prior to January 2004.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA benefit purposes due to her divorce from the veteran, which was not caused by his misconduct.

The Board denied the appellant's request for an earlier effective date of June 8, 1998, for a grant of 100 percent disability compensation for emphysema secondary to chlorine exposure.

The veteran's claim for an earlier effective date for the grant of special monthly pension (SMP) based on need for regular aid and attendance was denied by the Board. The decision states that the earliest date of receipt of the claim is March 4, 2005.

The Board denied the veteran's claim to reopen his service connection for aortic stenosis, finding that no new and material evidence had been submitted.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that service connection could not be granted until ALS was added to the list of presumptive disabilities associated with military service during Operation Desert Shield or Desert Storm. The effective date for the grant of DIC benefits is fixed at December 10, 2001.

The Board found no evidence of stroke or mononucleosis in service and denied the veteran's claims for service connection.

The veteran's cause of death was not caused by or substantially contributed to by a service-connected disability. The appellant is also not eligible for nonservice-connected death pension benefits.