Other conditions decisions — 2008

The Board has granted an effective date of February 18, 2004 for the award of nonservice-connected pension benefits.

The veteran's claim for an increased evaluation for his service-connected multiple myeloma with multiple compression fractures is being remanded due to the need for additional development, including obtaining SSA award letter and related evidence, a new VA examination, and VCAA notification.

The veteran's claim for service connection for the residuals of dental trauma to the front teeth was denied as he did not apply for current VA outpatient dental treatment benefits by December 31, 1954.

The Board has determined that the veteran's death was not caused by a service-connected condition, and thus denied the claim for service connection for the cause of the veteran's death.

The appeal is being remanded due to the appellant requesting a videoconference hearing. The case will be returned to the RO for scheduling such a hearing.

The veteran's service-connected disabilities (cold injury residuals of the right foot and left foot) do not meet the criteria for special monthly compensation by reason of the need for regular aid and attendance of another person or due to being housebound.

The VA denied the veteran's request for a higher initial rating of 40 percent for his service-connected hemochromatosis, finding that there is no medical indication the veteran's condition involves symptoms such as daily fatigue, malaise, and anorexia with substantial weight loss or hepatomegaly. The VA also noted that the veteran does not have incapacitating episodes.

The Board denied the claim as the appellant did not have qualifying service to be eligible for VA disability benefits.

The Board found that the veteran does not currently have an adjustment disorder with depressed mood or any other psychiatric disorder, and thus denied his claim for service connection.

The veteran died in August 2005 due to metastatic bronchogenic carcinoma, which was not caused by a service-connected disability. The Board found no evidence of asbestos exposure during service and concluded that the lung cancer is not related to any service connection.

The veteran's claim for an increased disability rating for service-connected myositis of the thoracic spine is being remanded due to procedural issues and potential need for readjudication under new criteria.

The Board found that the veteran's service-connected splaying metatarsal arches with left hallux valgus, status post left osteotomy, and status post right foot bunion surgery is manifested by pain when standing or walking, stiffness of the big toes, decreased range of motion of the big toes, pain upon plantar flexion of the big toes, the need for orthotic inserts, and flat feet. The disability currently rated at 30 percent.

The Board has determined that the appellant's current low back disorder is not related to service and denied his claim for service connection.

The Board found that the veteran's current right hip arthritis is not related to his service, and there is no evidence of a current right leg disability.,Service connection for both the claimed right hip injury and right leg disability was denied as the medical evidence did not establish a link between these conditions and the veteran's military service.

The Board has determined that the overpayment of nonservice-connected pension benefits was properly created and denied.

The Board has remanded the case to allow for additional development, including obtaining service personnel records and evidence of personal assault stressors. The veteran's claim for PTSD will be reconsidered based on new evidence.

The Board has determined that the veteran's prostate disorder is not related to his active service and has denied the claim for service connection.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine the nature, extent, and etiology of the veteran's claimed right eye condition.

The Board denied the veteran's claims for service connection for residuals of bilateral elbow fractures and a pulmonary disability, finding no competent medical nexus evidence linking these conditions to his military service.

The veteran seeks service connection for a colon disorder, which he claims is related to his inservice exposure to herbicides. The Board finds that further examination and evidence are needed to determine the etiology of his current condition.