Other conditions decisions — 2008

The Board has reopened the claim for residuals of an excisional biopsy of the left breast and granted service connection.,Regarding the skin rash secondary to herbicide exposure, the appeal is stayed pending further action in Haas v. Nicholson.

The veteran's esophageal cancer with metastasis to the liver and porphyria cutanea tarda (PCT) did not have their onset during service or within one year of service, and were not caused or aggravated by his active service, including exposure to herbicide agents. Therefore, service connection for purposes of accrued benefits is not warranted.

The Board denied the veteran's request to reopen his claim for service connection of bilateral hearing disability and declined to grant an increased rating for otitis media of the left ear, finding that no new and material evidence had been submitted and that he was already receiving the maximum schedular rating.

The Board denied the appellant's claims for service connection for cause of death and basic eligibility for non-service-connected death pension benefits, finding that the veteran did not have qualifying service to be eligible for VA pension benefits.

The Board dismissed the motion for revision of a previous decision denying Dependents' Educational Assistance due to lack of finality and because the case was remanded by the Court.

The Board denied the veteran's increased rating claims for residuals of a fracture of the left distal fibula and residuals of a thoracodorsal nerve injury of the right upper extremity, finding no basis to assign higher than 10 percent disability ratings.

The appellant's application for Dependents' Educational Assistance was denied because it was received over one year after her enrollment period ended. The Board found no evidence of VA error or miscommunication.

The veteran is seeking compensation for an incisional hernia that developed after VA hospital treatment in July 1992. The case has been remanded to determine if the umbilical hernia was a necessary consequence of the treatment provided by VA.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the veteran for VA death benefit purposes, resolving all reasonable doubt in her favor.

The Board has remanded the case to obtain additional records and conduct a VA examination to determine if the veteran's current eye disability is related to his service.

The Board has granted a 20 percent evaluation for TMJ syndrome, effective from October 31, 2003. The veteran's claim was previously rated at 10 percent prior to this date.

The Board has determined that the veteran's left wrist disability, characterized by a fracture of the navicular bone with nonunion and osteoarthritic changes in the radial carpal articulation, does not warrant a higher rating than the current 10 percent evaluation.

The Board has determined that the veteran's squamous cell carcinoma is not related to his service and therefore denied his claim for service connection.

The Board has determined that the appellant is not entitled to recognition as the veteran's surviving spouse for VA benefit purposes due to a valid divorce decree from Hancock County, Ohio.

The Board has determined that the veteran's service-connected patellofemoral syndrome of the left knee does not meet or approximate the criteria for a higher initial rating in excess of 10 percent.

The VA determined that the veteran's current chronic cervical or thoracic strain is not related to his service injury, and thus denied his claim for service connection.

The veteran's claim for nonservice-connected pension benefits was granted effective from November 12, 1998. The Board found that the RO received a valid claim on this date and resolved all reasonable doubt in favor of the veteran.

The VA denied both the claim for an increased rating and the claim for TDIU due to the veteran's service-connected residuals of a gunshot wound to the abdomen. The RO found that these conditions do not warrant a higher than 10 percent evaluation, as they are currently classified as moderate in severity.

The veteran's claims for increased ratings and service connection were denied. The right medial meniscal tear was rated at 10 percent, while the fracture of the toes with arthritis received a noncompensable rating.

The Board has reopened the veteran's claim for service connection for varicose veins of the lower extremities due to new and material evidence submitted since the last final denial. The case is remanded for further development, including a VA medical examination.