Other conditions decisions — 2008

The Board has remanded the case due to insufficient evidence regarding whether the veteran's previously service-connected conditions, including malaria and gastrointestinal disorders, contributed to his death from respiratory failure.

The Board denied the appellant's claim for nonservice-connected pension benefits due to a lack of qualifying wartime service and because he did not meet the eligibility requirements as defined by VA.

The Board has remanded the case due to the need for a VA examination to determine if the veteran's current back disability with bilateral leg condition is related to her military service.

The veteran's claim for an initial rating in excess of 10 percent for his right hip disability is being remanded due to the need for further development, including obtaining VA medical records and service component records. A neurological examination is also required.

The Board has remanded the case to the RO for initial consideration of additional evidence, including private medical records detailing the veteran's continued treatment for his unhealed right ankle ulcer wounds. The claim is being remanded due to a lack of VCAA notice regarding the impact of the disability on daily life and the specific rating criteria for varicose veins.

The Board has determined that the appellant does not meet the eligibility criteria for VA educational assistance under Chapter 30, Title 38, United States Code.

The veteran's claim for service connection for basal cell carcinoma is being remanded due to the submission of new evidence suggesting a link between in-service sun exposure and his current diagnosis.

The Board has determined that the veteran's service-connected malaria does not currently have active symptoms or residuals, and thus cannot be rated as a compensable disability. The claim for an increased evaluation is denied.

The Board denied the veteran's claim for an earlier effective date for Dependents' Education Assistance (DEA) benefits, finding that the appellant did not file a formal or informal claim prior to September 23, 2005. The decision stated that payment of Chapter 35 benefits is prohibited earlier than one year before receipt of the claim.

The Board has determined that the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim for compensation under 38 U.S.C.A. § 1151 and thus, the veteran's application to reopen the claim is denied.

The Board finds that the veteran's cause of death, adenocarcinoma of the lung, was incurred in his active duty service due to presumed exposure to herbicides during his Vietnam service. As a result, the appeal is granted.

The Board denied the veteran's claim for service connection for a left upper arm and elbow injury secondary to his service-connected bilateral hallux valgus with degenerative arthritis, finding no new and material evidence to reopen the claim.

The Board denied the veteran's claims of service connection for a chronic right ear disorder, as well as his requests for increased ratings for tinea pubis and tinea cruris, left toe corn, and bilateral otitis externa. The preponderance of evidence did not support these claims.

The veteran's status post concussion with residual torticollis is currently rated at 20 percent, which includes diminished pinprick sensation on the left side. The rating takes into account limitation of cervical spine flexion to 25 degrees and a separate evaluation for reflex sympathetic dystrophy.

The veteran's appeal is being remanded for additional development, including scheduling a videoconference hearing before a Veterans Law Judge.

The Board finds that the veteran's current eye conditions are not related to his military service, and thus denies his claim for service connection.

The Board has determined that the veteran does not have a diagnosed condition of cold injury residuals and therefore, service connection for this condition is denied.

The Board found that the veteran's pernicious anemia was not incurred in service or due to herbicide exposure, and is not related to his service-connected diabetes mellitus. Therefore, service connection for pernicious anemia is denied.

The Board denied the veteran's claims for service connection for duodenal ulcers and secondary service connection for scars status post parietal cell vagotomy, finding that new evidence did not relate to the original denial of service connection.

The Board has determined that the appellant's discharge from service was under dishonorable conditions, thus constituting a bar to VA monetary benefits.