Other conditions decisions — 2008

The veteran was granted service connection for chronic lymphocytic leukemia due to exposure to herbicide agents in Vietnam. The effective date is set at the date of liberalizing regulations, which is October 16, 2003.

The Board denied the appellant's request to reopen her claim for DIC based on service connection for cause of death due to metastatic gastric carcinoma with a history of peptic ulcer surgery. The evidence did not show that the veteran’s death was caused by any event or incident in his military service, nor could it be presumed to have been incurred therein.

The veteran's request for an extension of his basic eligibility for educational assistance benefits under Chapter 30 (Montgomery GI Bill) was denied because he did not meet the criteria for conversion of his unused Chapter 34 benefits to Chapter 30 benefits.

The Board has decided to remand the case for further development, including a VA examination to determine the etiology and onset date of any left elbow disability, as well as whether each left elbow disability is at least as likely as not due to or aggravated by the service-connected right elbow disability.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has granted service connection for the veteran's pseudoxanthoma elasticum, finding that it was first manifested during his military service and is a hereditary disease.

The Board denied the veteran's claims for increased ratings for his service-connected residuals of a right inguinal hernia repair with entrapment of superficial cutaneous nerve and separate compensable evaluation for entrapment of femoral nerve, finding that there was no evidence of recurrence of the hernia or new disability.

The Board found that the veteran's skin condition, diagnosed as inflammatory rosacea, was incurred in service and granted service connection. However, it did not find any evidence of hearing loss severity warranting a compensable rating.

The Board has remanded the case for additional development due to a final denial of service connection for gastrointestinal disorder, and now seeks new evidence to reopen this claim. The veteran's petition to reopen was denied previously but he appealed it.

The Board denied the veteran's claim for an increased evaluation of his service-connected residuals of back trauma with a compression fracture at L1, as it found that the evidence did not meet the criteria for a higher rating.

The Board has determined that the appellant is not the veteran's surviving spouse for VA benefit purposes due to a lack of valid marriage.

The veteran's appeal was dismissed due to his death.

The Board denied the veteran's claim of service connection for follicular non-Hodgkin's lymphoma due to exposure to herbicides (Agent Orange) as there was no evidence of herbicide exposure during his service in Thailand.

The Board denied the veteran's request to increase his disability rating from 40 percent to a higher level, finding that the evidence did not support such an increase.

The Board has determined that the veteran does not have residuals of a neck and back injury incurred in service, thus denying his claim for service connection.

The Board has denied the veteran's claim for service connection for porokeratosis and calluses of the right foot. The facial skin condition issue is remanded, as are the initial rating claims for chronic ulcer disease and degenerative joint disease of the right knee.

The veteran's claim for an earlier effective date for service connection of Behcet's disease/pan uveitis was denied as the earliest possible effective date provided by law has already been assigned.

The Board found that the appellant did not timely file a substantive appeal regarding the October 2002 administrative decision denying new and material evidence to reopen her claim of entitlement to service connection for the cause of the veteran's death.

The Board has determined that the caretaker, not the appellant, is the designated beneficiary of the veteran's NSLI policy and thus entitled to its proceeds.