Other conditions decisions — 2008

The veteran's income was found to be excessive for non-service-connected pension benefits prior to September 1, 2007.,However, the veteran's income from September 1, 2007 onwards does not exceed the maximum annual disability pension limit.

The veteran's death was not due to a service-related condition, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board denied service connection for atrial fibrillation, hyperlipidemia, skin lesions, and arthritis of the back as not related to active service or secondary to a service-connected disability.

The veteran died in early 2006 and the appellant was not married to him at that time. The Board found she is not entitled to VA death benefits as a surviving spouse due to her divorce from the veteran.

The Board has remanded the case due to incomplete service records and needs to verify the veteran's active duty status for the date of his skull fracture. The claim will be reconsidered based on this new information.

The Board denied the veteran's claims for service connection for bilateral shin splints and a left hip disorder. The low back disability was rated at 20 percent prior to July 17, 2007, and in excess of 20 percent beginning that date.

The RO denied service connection for the cause of the veteran's death in March 1969, February 1974, and May 2003. The appellant did not appeal these decisions within one year.

The veteran seeks payment of VA educational assistance benefits for his attendance at Spartan Health Science University. The case is remanded to determine the validity and dates of enrollment in approved programs.

The Board has determined that the veteran's varicose veins of the right lower extremity do not warrant a rating in excess of the currently assigned 10 percent disability rating.

The veteran's claim for payment or reimbursement of medical expenses provided by Integris Baptist Medical Center in Oklahoma City, from April 22 to April 24, 2006, was denied because VA facilities were deemed feasibly available at the time.

The Board found that the appellant's character of discharge from military service was a bar to VA benefits due to an offense involving moral turpitude.

The veteran's right shoulder disability warrants a schedular 10 percent rating prior to April 28, 2005, and a schedular 20 percent rating from April 28, 2005, through December 21, 2005; from December 22, 2005, a rating in excess of 30 percent is not warranted.

The Board has denied the veteran's request to reopen his claim for service connection for a right arm disability, finding that new and material evidence was not submitted.

The veteran's service-connected pulmonary histoplasmosis is not currently causing any residual symptoms, and his current respiratory disability is due to nonservice-connected chronic obstructive pulmonary disease (COPD) secondary to tobacco use. Therefore, the claim for a higher rating is denied.

The veteran is eligible for VA outpatient dental treatment on a one-time completion basis due to his service-connected periodontal disease.

The Board has remanded the case due to incomplete service personnel records, specifically regarding the veteran's obligated period of active duty and whether his separation for convenience of the government was involuntary as a result of a reduction in force. The appellant must provide their complete service personnel records.

The Board denied the veteran's claim for an initial disability rating in excess of 30 percent for bilateral calcified pleural plaquing, resultant from exposure to asbestos.

The veteran's lung disease is not service-connected, but his squamous cell carcinoma of the right vocal cord is presumed to be due to Agent Orange exposure. The effective date for service connection is December 27, 2001. Pension benefits are denied due to excessive income.

The Board found that the veteran does not have a current diagnosis of a groin disorder and denied service connection for a groin disorder. The claim for an initial evaluation in excess of 10 percent for a left ankle sprain was also denied.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a dental condition as secondary to service-connected heart disability. The Board finds that there is sufficient medical evidence to support the veteran's assertion that his current dental condition may be related to surgery for his service-connected heart disability.