Other conditions decisions — 2008

The Board found that the appellant's income exceeded the maximum annual pension rate for a surviving spouse with no dependents, thus denying her claim for nonservice-connected improved death pension benefits.

The Board has denied the veteran's claim for service connection for a skin disability, finding that there is no nexus between his in-service boils and any current skin condition.

The Board has denied both service connection claims for psoriatic arthritis of the feet and cellulitis of the feet, finding no evidence linking these conditions to the veteran's active service.

The Board has restored service connection for the veteran's right foot/ankle disability and dismissed the appeal regarding a separate 10% evaluation for his right foot bunion.

The veteran claims service connection for bilateral diplopia, which he alleges was caused by an injury sustained during a live-fire exercise in November 1954. The RO has been unable to obtain his complete service records due to the destruction of records at the NPRC in 1973. A VA ophthalmology clinic assessment supports the veteran's claim but does not indicate whether it was based on the claims file or solely on the veteran's history.

The Board denied the veteran's claim for service connection for anaplastic astrocytoma, finding no evidence of a nexus between his current disability and military service or herbicide exposure.

The Board denied the veteran's claims for service connection for a fractured pelvis and a bilateral leg condition as secondary to a fractured pelvis, finding no new and material evidence to reopen the claim for fractured pelvis and denying both issues.

The Board found no evidence to support the veteran's claim of service connection for a respiratory disorder and denied his claim. The dental claim was also denied as there was insufficient evidence linking any dental problem to VA treatment.

The veteran's complaints of fatigue have been medically attributed to several of her service-connected disorders, for which she is already in receipt of compensation.

The veteran's surviving spouse is denied accrued benefits as the veteran did not receive compensation for his service-connected disability prior to death.

The Board found that the appellant did not meet the criteria for being a surviving spouse of the veteran, as she and the veteran were separated continuously from the date of their marriage until the veteran's death. Therefore, the claim for non-service-connected death pension benefits was denied.

The Board found that the appellant's late husband did not have qualifying service in the United States Armed Forces, and thus does not meet the basic eligibility requirements for VA death benefits.

The veteran's application for reimbursement of educational assistance benefits for an on-the-job training course as a correctional officer at a United States penitentiary, from February 24, 2003 to February 24, 2004, was denied because the course was taken more than one year prior to his application.

The Board denied the appellant's claim for death pension benefits due to her excessive income, which exceeded the maximum allowable rate.

The Board has determined that the veteran does not have current residuals of bilateral cold injury of the feet, and thus service connection is denied.

The Board found that the veteran's service connection claim for multiple myeloma was denied as there is no evidence of exposure to herbicides in service and no competent medical evidence linking his current condition to his periods of service.

The Board has determined that the appellant is eligible for VA death benefits as the veteran's surviving spouse, based on continuous cohabitation despite periods of separation.

The Board has determined that the veteran's right elbow disability was not incurred during his active duty service or any period of inactive duty training. The evidence does not support a finding that the veteran had an in-service event, injury, or disease related to his current right elbow condition.

The Board denied a compensable disability evaluation for the veteran's fragment wound of the head, finding no evidence of a scar or other impairment related to the condition. The veteran also sought service connection for cerebrovascular accidents (CVA) that he claimed were caused by his head injury, but the Board found insufficient evidence to support this claim.

The veteran's request for service connection for left iliotibial band syndrome/tendonitis is being remanded due to his desire for a videoconference hearing.