Other conditions decisions — 2008

The VA determined that the veteran's chronic respiratory disorder was not incurred in or aggravated by military service.

The Board found no evidence linking the current pelvic fracture disability to service, and denied the claim.

The Board denied service connection for lupus and the residuals of an injury to the lower jaw and teeth, including for VA outpatient dental treatment. The evidence did not support a nexus between these conditions and service.

The Board found that the veteran's stroke was not caused by VA care, and thus denied his claim for compensation under 38 U.S.C. § 1151.

The veteran seeks service connection for mitochondrial myopathy, which he claims pre-existed his service and was aggravated by it. The Board has ordered a remand to determine the etiology of the condition.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim of entitlement to recognition as the surviving spouse of the veteran. However, the appellant is not entitled to recognition as the surviving spouse for purposes of receiving VA death benefits due to a lack of valid marriage.

The Board found that the veteran's acquired psychiatric disorder, skin disorder, fungus of the feet, and right eye cataract were not incurred as a result of service. The claims for these conditions have been denied.

The Board has ordered a VA examination to determine if the veteran's current lung condition is related to his military service. The case will be remanded for this purpose.

The Board has determined that the veteran does not have a current disability of insomnia or fatigue, and any such symptoms are not related to service. The claim for service connection for both conditions is denied.

The Board has determined that the veteran does not have active malaria and therefore is not entitled to an initial compensable evaluation for this condition.

The Board denied the appellant's claim of entitlement to restoration of her DIC benefits, effective January 1, 2004.

The Board has remanded the case due to a failure to provide proper VCAA notice, and the appellant must receive new and material evidence notifications as per Hupp v. Nicholson and Kent v. Nicholson.

The Board has determined that the veteran does not have a current diagnosis of post-traumatic stress disorder or major depressive disorder, and there is no evidence linking these conditions to service. The claim for service connection is denied.

The Board found that the veteran's left shoulder disability did not meet or approximate the criteria for a higher rating, as his range of motion was within normal limits and he did not have ankylosis. The current 20% rating remains in effect.

The Board has determined that the veteran's current posttussive syncope and chronic cough are not related to his active military service, and therefore denied his claim for service connection.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a certification from the service department stating that her deceased husband had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because the injuries sustained in the November 1993 motor vehicle accident are already service-connected and therefore precluded by law.

The Board has determined that the veteran's missing front teeth and tooth #19 extraction were not caused by in-service dental trauma, and thus service connection for compensation purposes is denied.

The Board has remanded the case due to incomplete medical records and a need for a VA examination to determine if the veteran's current left femur disability is related to his service.

The Board has decided to remand the case for additional development, including providing proper VCAA notice and clarifying the appellant's representation.