Other conditions decisions — 2008

The veteran's appeal has been withdrawn, resulting in the dismissal of his case.

The Board found that the veteran's suicide was not caused by a service-connected disability, and thus denied the claim for service connection for cause of death.

The Board has reopened the veteran's claim for service connection for a fractured nose with deviated septum and granted it, finding that there is an approximate balance of positive and negative evidence in favor of the claim.

The Board denied the appellant's claim for basic eligibility for VA Dependency and Indemnity Compensation (DIC) benefits because her late husband had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, which is recognizable as service in the Armed Forces of the United States.

The Board denied the veteran's claims for service connection for basal cell carcinoma due to Agent Orange exposure and an initial disability rating for residuals of a left ankle sprain. The evidence did not establish a link between the veteran's current condition and his military service, including presumed exposure to herbicides.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's death was not service-connected, and the appellant did not meet the criteria for burial benefits due to lack of proper hospitalization by VA.

The Board denied the veteran's claims for a rating in excess of 60 percent for residuals of shell fragment wounds and entitlement to SMC based on the need for aid and attendance or being housebound. The evidence did not meet the criteria for increased ratings under applicable diagnostic codes.

The Board has determined that the appellant is eligible to receive retroactive educational assistance benefits for the time period from 1987 to 1992, with regard to any coursework that is subsequently approved by VA and pending any necessary verification regarding her status as a child during the period in question.

The veteran's appeal has been dismissed as the representative withdrew the appeal with respect to both issues.

The Board has remanded the case for further development, including additional examinations and consideration of whether a separate rating should be assigned for headaches associated with the veteran's left eye disability. The TDIU claim is also inextricably intertwined with the increased rating claim.

The Board has granted an effective date of February 22, 2001 for the award of service connection for right hip arthroplasty. The veteran's claim was deemed to have been filed on that date based on his informal statement seeking this benefit.

The veteran's service-connected right eye corneal abrasion is currently rated as 10 percent disabling. The Board denied an increased rating for this condition, and also found that the veteran did not have a left eye disability, low back disability, tension headaches, erectile dysfunction, or groin rash that were related to his active duty service.

The Board found no evidence of radiation exposure during the veteran's service, and thus denied service connection for the cause of death due to in-service radiation exposure.

The Board has ordered that the Regional Office (RO) verify the veteran's periods of active duty, active duty for training, and inactive duty for training with the Georgia Air National Guard. The RO is also instructed to incorporate any available service medical records into the record.

The Board found that the veteran's idiopathic thoracic scoliosis, with degenerative disc secondary to scoliosis, was not incurred in or aggravated by active service.

The Board has reopened the veteran's claim for service connection for arthritis and finds that new and material evidence has been received. However, the claim is ultimately denied as there is no competent medical evidence linking the current arthritis to his period of active service.

The veteran's right eye disability, including trauma, pseudophakia, cataract extraction, lens implant, uveitis, and other ocular conditions, is currently rated at 30 percent under Diagnostic Code 6029. The issue remains in appellate status as the RO has not addressed entitlement to a higher rating.

The Board denied the appellant's claim for nonservice-connected death pension benefits as her husband did not have qualifying military service, and thus she is not eligible.

The veteran's surviving spouse is seeking service connection for her deceased husband's acute myelogenous leukemia, myelodysplastic syndrome, multiple cytogenic abnormalities, and colon cancer as secondary to herbicide exposure. The claim is being remanded due to the need for a medical opinion regarding the etiology of these conditions.