Other conditions decisions — 2008

The veteran did not have a service-connected disability rated as totally disabling for at least 10 years immediately preceding his death, thus the claim for DIC under 38 U.S.C.A. § 1318 is denied.

The Board denied the veteran's claims for an increased rating for his service-connected left spermatocele and service connection of a right spermatocele as secondary to the left spermatocele, due to the veteran's failure to report for scheduled VA examinations. The claim for service connection of a low back disability was also denied.

The detached retina of the veteran's left eye is not considered to be a result of VA cataract surgery, as it was a reasonably foreseeable complication. The claim for compensation under 38 U.S.C.A. § 1151 has been denied.

The Board found that the veteran's missing teeth are not due to dental trauma during service and denied his claim for service connection.

The Board found no evidence linking the veteran's acquired psychiatric disorder to his military service and denied his claim.

The Board has granted service connection for residuals of a left hand injury, finding that the veteran's lay statements concerning his in-service injury are credible and linking the current left hand condition to the in-service injury.

The Board has determined that there is no substantive appeal filed regarding the waiver of recovery of overpayments of VA improved pension benefits in the amount of $40,623.00.

The Board has determined that the veteran's death was caused by VA treatment, and thus entitlement to DIC under 38 U.S.C.A. § 1151 is granted.

The Board has determined that there is no current diagnosis of fibroadenoma of the left breast and finds no evidence to support a finding of service connection for this condition. The veteran's claim for service connection for fibrocystic breast disease (left breast) is also denied as there is insufficient medical evidence linking her current condition to her military service.

The Board has denied an increased rating for the postoperative residuals of a right inguinal hernia, currently evaluated as 10 percent disabling, due to the veteran's easily reducible and well-supported hernia.

The Board has found that new and material evidence has been submitted to reopen the previously denied claim of service connection for residuals of a nose injury. The case is now returned to the RO for further development.

The Board found that the veteran's cause of death (cerebral hemorrhage due to cerebrovascular disease with contributing dementia) was not related to his service, and denied the claim for service connection.

The Board found that the appellant's marriage to J.B. was not valid under Philippine law, and thus she cannot be recognized as the veteran's surviving spouse for VA benefits.

The veteran's heart disorder, characterized as aortic regurgitation and insufficiency status post pulmonic aortic valve replacement, did not meet the criteria for an increased disability evaluation beyond 30 percent prior to October 13, 2005, or after May 1, 2006.

The Board has remanded the case due to insufficient examination findings regarding left knee scarring and whether a separate rating is warranted for such. The veteran's claim for an increased rating remains pending.

The VA reduced the veteran's improved pension benefits due to his receipt of Social Security Administration (SSA) income, which was part of his countable income. The reduction took effect on January 1, 2004.

The Board has determined that T.M.C., the veteran's grandchild, does not qualify as a dependent child for VA purposes and therefore cannot be recognized as the veteran's child.

The Board has determined that the appellant's discharge from service under other than honorable conditions is due to willful and persistent misconduct, which bars entitlement to VA benefits.

The Board found no evidence of a duodenal ulcer during active service and denied the claim for service connection.

The veteran seeks service connection for a bilateral foot disorder. The Board has determined that additional development of the evidence is required, including scheduling a VA examination and providing VCAA notice.