Other conditions decisions — 2008

The veteran's appeal is being remanded for a hearing before the Board of Veterans' Appeals at the RO level.

The Board found that there is an approximate balance of positive and negative evidence suggesting a connection between the veteran's in-service chronic sinusitis and his death from metastatic squamous cell carcinoma. The Board granted service connection for the cause of the veteran's death.

The veteran's death was not caused by or substantially contributed to by a service-connected disability. The Board found no evidence linking the cause of his death, liver cancer, to his military service.

The Board has determined that the veteran's claimed conditions, blood clots in the lungs and legs and bilateral hip disorder, were not incurred or aggravated by service and are not proximately due to or the result of a service-connected disability. As such, these claims have been denied.

The Board finds that the veteran's blindness in the left eye was not caused by VA negligence or carelessness, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board denied the appellant's claim for death pension benefits as she did not meet the required marriage duration and other criteria to be considered a surviving spouse.

The veteran's service was outside the established period of war, and thus he does not meet the basic criteria for wartime service required for VA pension benefits.

The veteran's claim for service connection for chronic lymphatic leukemia was denied because there is no evidence of exposure to herbicides or radiation during his military service, and the disease did not manifest within one year after discharge.

The veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed as the claim was fully granted by a September 2007 rating decision.

The veteran's TDIU claim is being remanded due to the grant of service connection for peripheral arterial disease of the left lower extremity, which increased his combined disability rating.

The veteran's death was due to metastatic adenocarcinoma, lung. The appellant did not have a pending claim for accrued benefits at the time of his death and therefore is not entitled to such benefits.

The veteran's appeal is denied as he does not meet the eligibility requirements for VA educational assistance under Chapter 30, Title 38, United States Code.

The Board has denied the veteran's claims for service connection for bilateral shin stress fractures and bunions due to a lack of evidence showing current disabilities or any link between service and these conditions.

The Board has granted a 30 percent rating for the veteran's deformity of the second metatarsal, second metatarsophalangeal joint with degenerative changes, effective from the date of service connection.

The Board found no evidence of asbestos exposure during service and denied the veteran's claim for a lung disability due to in-service asbestos exposure.

The Board denied service connection for PTSD and granted a 10% disability rating for post-traumatic myositis of the left gastrocnemius muscle, effective from February 18, 1998 to July 4, 2002.

The veteran's claim for accelerated payment of basic educational assistance under the Montgomery GI Bill (Chapter 30) was denied because his tuition and fees did not exceed 200 percent of the monthly rate of basic educational assistance allowance otherwise payable.

The Board has denied the veteran's claim of service connection for adult-acquired hydrocephalus, finding that it is not related to his active military service.

The Board has determined that the veteran's April 2002 communication is a timely NOD to the April 1998 decision denying her claim for reimbursement of unauthorized medical expenses incurred from November 25, 1997 to December 1, 1997. The case is now remanded for the NAO to provide the veteran with a Statement of the Case as to this issue.

The VA has determined that the veteran's residuals of a shell fragment wound to the right buttock warrant an increased rating to 20 percent, effective from the date of the claim.