Other conditions decisions — 2008

The Board has determined that the veteran does not meet the criteria for compensation under 38 U.S.C.A. § 1151 due to a VA biopsy performed on his left leg in October 2003, as there is no evidence of negligence or fault from VA's part.

The Board found that the appellant is entitled to be recognized as the veteran's surviving spouse for VA benefits purposes, considering her statements and the contradictory information from the late veteran's relatives. The decision grants DIC benefits.

The Board has determined that new and material evidence has not been received to reopen the claim of whether the former service member's character of discharge bars him from receiving VA benefits.

The VA denied the veteran's claim for a rating in excess of 50 percent for chronic brain syndrome, finding that his symptoms did not warrant such an increase.

The Board has determined that the veteran's fibrous dysplasia does not warrant an initial evaluation in excess of 20 percent, as there is no evidence of incapacitating episodes or other factors that would justify a higher rating.

The veteran's military service does not meet the threshold eligibility requirements for VA pension benefits due to a lack of at least 90 days of active service during a wartime period.

The VA determined that the veteran's chronic myelogenous leukemia was not incurred in or aggravated by active service, nor may it be presumed to have been so incurred.

The VA granted service connection for a traumatic cataract of the right eye and assigned a noncompensable rating, effective from September 1, 2003. The veteran appealed for an increased evaluation.

The Board denied the veteran's claims for earlier effective dates for his service-connected residuals of polio, loss of both feet and special monthly compensation based on loss of use of both feet. The RO assigned a 100 percent rating for these conditions as of August 20, 2004.

The Board has determined that a VA examination is needed to determine the nature and likely etiology of the veteran's claimed skin disorder, including as secondary to Agent Orange exposure. The claim will be remanded for this purpose.

The Board has granted service connection for the cause of the veteran's death and assigned an effective date of November 13, 1992. The appeal for Dependent Educational Assistance prior to this date is dismissed.

The Board has determined that there is no evidence of a current disability manifested by chronic blackouts, and the veteran's reported symptoms are not related to his inservice head injury. Therefore, service connection for this condition cannot be established.

The Board denied service connection for hiatal hernia and stomach polyps, finding no evidence linking these conditions to the veteran's military service or exposure to asbestos and radiation.

The Board found that the veteran's tongue cancer with metastasis to the throat was not incurred in or aggravated by active service and may not be presumed to have been so incurred or aggravated due to Agent Orange exposure. The claim for service connection is denied.

The case is being remanded due to the need for a more current certification of service from the service department, given the appellant's deceased spouse had different spellings of their surname.

The veteran's claim for an earlier effective date for the grant of a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims of service connection for urethral calculus, right, and prostatitis. The November 1961 rating decision denying these claims is still final.

The VA determined that the veteran does not have a currently diagnosed back disorder related to his active service and denied his claim for service connection.

The Board denied the veteran's claims for increased ratings for his postoperative residuals of hallux rigidus, finding that the current evaluation assigned does not accurately reflect the severity of his disability.

The veteran withdrew his appeal for the issues of residuals of a left hand (minor) injury and lipoma. The claim for service connection for asbestos exposure is denied as there is no competent evidence of current disability related to asbestos exposure.