Other conditions decisions — 2008

The Board finds that the veteran's death was not caused by VA treatment, and there is no evidence of fault on the part of VA. Therefore, DIC benefits for the cause of the veteran's death are denied.

The veteran's claims for increased disability ratings for his service-connected shrapnel wounds are being remanded to allow for further examination and consideration of the evidence.

The veteran's adjustment disorder is rated at 30 percent, and her genital warts and herpes are rated at 10 percent. Both conditions meet the criteria for their respective ratings based on the severity of symptoms.

The Board found that the veteran's claim for service connection for dental trauma to three front upper teeth is denied as his statements regarding the loss of these teeth are not credible and contradicted by objective medical evidence.

The Board denied the veteran's request for full waiver of recovery of an overpayment of VA pension benefits in the original amount of $7,614, finding that repayment would not be against equity and good conscience.

The Board denied the veteran's claim for a higher rating for his schizoaffective disorder with depressed and paranoid features, finding that it did not meet the criteria for a rating higher than 50 percent due to occupational and social impairment.

The Board denied the claim of service connection for compound hyperopic astigmatism and anisometropia/astigmatism, finding no evidence that these conditions are related to military service.

The Board denied service connection for residuals of gun shot wound to right axilla and prostate complications. The claim for hepatitis C is pending and will be addressed in the REMAND portion.

The Board has determined that the veteran's service-connected right middle finger fracture residuals do not warrant a compensable evaluation, as they do not meet the criteria for any higher rating under applicable diagnostic codes.

The Board found that the appellant's discharge was under other than honorable conditions due to willful and persistent misconduct, but did not find evidence of insanity at the time. Therefore, his character of discharge bars him from VA benefits.

The Board denied the appellant's claim for VA death benefits as her deceased husband did not have recognized service in the United States Armed Forces.

The veteran's appeal for non-service-connected pension benefits has been dismissed as the appellant requested withdrawal of the appeal.

The veteran's spouse, the appellant, is denied recognition as his surviving spouse for VA benefits due to her divorce from the veteran prior to his death.

The Board has ordered additional development due to the lack of medical records and inability to determine if VA facilities are capable of providing the required care.

The Board has decided to remand the case due to incomplete medical records and the need for a VA examination to determine if the veteran's current skin disorder is related to his military service.

The veteran died from heart attack (and/or congestive heart failure). The appeal is about service connection for the cause of death based on various theories.,Service connection may be granted for the cause of death if it was caused by exposure to herbicide agents during service in Vietnam, or due to ionizing radiation exposure during service. No such evidence has been provided.,Service connection may also be granted for the cause of death if it resulted from a disease subject to presumptive service connection as attributable to exposure to ionizing radiation during service. Again, no such evidence has been provided.,Service connection may be granted for the cause of death if it was due to hearing loss that manifested within one year after separation from service. No such evidence has been provided.,Service connection may also be granted for the cause of death based on status as a POW. The veteran served in Vietnam and is presumed to have been a POW, but no evidence has been provided showing he suffered any injuries or illnesses during captivity that led to his death.,Finally, service connection may be granted under 38 U.S.C.A. � 1318 for the cause of death if it resulted from a disability rated at 100 percent for more than ten years immediately preceding death.

The Board found that a brain tumor did not manifest in service or for many years thereafter, and the veteran has not been shown to currently have a brain tumor that is causally related to his military service, including herbicide exposure.

The Board has remanded the case for further proceedings, including scheduling a VA examination to determine if the veteran has PTSD and its etiology. The appeal is pending until further notice.

The Board has granted the veteran's claim for service connection for myelogenous leukemia, finding that it is at least as likely as not related to his in-service exposure to herbicides.

The VA determined that the veteran's current respiratory disorder is not related to his military service, including asbestos exposure. The Board found that the evidence does not support a nexus between the veteran's current condition and his in-service asbestos exposure.