Other conditions decisions — 2008

The Board has granted an extension to the adjusted delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code, from January 30, 2005, to March 13, 2005.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board is remanding the case to ensure that proper notification regarding 'new and material evidence' has been provided, as the veteran's claim was filed prior to August 28, 2001. The AOJ should consider the issue under the correct standard.

The veteran's service-connected residuals of a left tibial fracture are currently rated at 20 percent, and the Board denied an increased rating.

The veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities has been withdrawn, resulting in the dismissal of the appeal.

The Board has remanded the case due to insufficient examination and missing treatment records, and will need to re-adjudicate the increased rating claims for left and right thoracic outlet syndrome.

The Board has determined that further development is needed to verify the veteran's exposure to herbicides, specifically Agent Orange, during service. The RO must attempt to verify this exposure through JSRRC and arrange for a VA examination to determine if the veteran's hairy cell leukemia may be classified as a CLL or non-Hodgkin's lymphoma (and hence presumed to be associated with herbicide exposure).

The Board has determined that the veteran's right and left lower extremity disorders, as well as his bladder disorder, are not service-connected due to a VA surgical procedure for an inguinal hernia in April 2001. The preponderance of evidence indicates these conditions were caused by other factors such as post-polio syndrome, age-related degenerative changes, and radiculopathy.

The Board denied the veteran's claim for service connection for tachycardia with symptoms consistent with angina, finding no current disability and insufficient evidence to establish a nexus to service.

The Board found that the veteran's left thigh injury involving muscle group XIV does not warrant a rating in excess of 30 percent. The veteran was also denied TDIU as his service-connected disability did not render him unemployable.

The veteran's compensation benefits on behalf of his child were denied an increased apportionment due to the appellant not demonstrating a credible financial need and failure to cause undue hardship for the veteran.

The Board has determined that additional development is necessary to accurately determine the total amount of retroactive DIC benefits owed and paid, including pension benefits. The case will be returned for further review.

The Board denied the appellant's claim for burial and internment allowances, finding that since the veteran was receiving compensation for service-connected disabilities at the time of his death, he is eligible for a $300 allowance. The appeal is dismissed as a matter of law due to misunderstanding on the part of the appellant.

The Board dismissed the appeal due to the death of the appellant.

The Board has determined that the veteran's lung cancer is not related to his service, including any possible exposure to asbestos. The right inguinal hernia/blood clot and left eye disability claims are remanded for further development.

The Board denied the appellant's request to reopen her claim for VA death benefits, finding that no new and material evidence had been received.

The Board found that the veteran's cause of death, acute myocardial infarction due to aspiration pneumonia, was not caused by any incident of service or related in any way to his service-connected shell fragment wounds. Therefore, service connection for the cause of death is denied.

The Board has determined that the veteran's residuals of a laparatomy for perforated gastric ulcer with duodenal bulb dysfunction do not meet the criteria for a higher rating under any applicable diagnostic code.

The veteran's service was during World War II, and the appellant is the surviving spouse of a veteran who had qualifying wartime service. The income limitation requirements for entitlement to non-service-connected improved death pension benefits were not met as her income exceeded the maximum annual pension rate.

The Board found that the veteran's cancer of the larynx existed prior to her entry into service and did not permanently worsen during her period of active service, thus denying her claim for service connection.