Other conditions decisions — 2008

The Board has ordered a remand to obtain a medical opinion regarding the cause of the veteran's death and to address the DIC claim under 38 U.S.C.A. § 1318. The appellant is seeking service connection for the cause of her husband's death, which was due to glioblastoma multiforme, and she also seeks DIC benefits.

The Board has determined that the veteran's current thoracic spine disability is not related to his active service, and thus denied his claim for service connection.

The Board has denied service connection for gout and a respiratory disorder as secondary to the veteran's service-connected diabetes mellitus.

The Board has determined that the veteran's service-connected conjunctivitis does not warrant an increased rating as there is no current active or residual symptoms of the condition.

The Board found no evidence of a service-connected condition related to rectal bleeding, and thus denied the claim.

The Board found that the veteran's small bowel cancer with metastases to the liver was not incurred in or aggravated by service, and may not be presumed to have been incurred in service due to exposure to Agent Orange or any other herbicide agent.

The Board has granted an increased rating to 30 percent for the veteran's service-connected mitral systolic heart murmur, effective October 24, 1984.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 due to polymyositis resulting from VA treatment, finding that service connection was decided on the merits and not involving a presumption or new evidence.

The veteran's claim for a rating in excess of 10 percent for postoperative residuals of a left navicular fracture is denied.

The Board has denied the veteran's claim for service connection for a left hand disability, claimed as Dupuytren's contracture, as secondary to his service-connected right hand Dupuytren's contracture. The medical evidence does not support the claim that the left hand disability is related to or aggravated by the service-connected right hand disability.

The Board has ordered the Department of Veterans Affairs to issue a Supplemental Statement of the Case (SSOC) addressing whether the veteran's Chapter 30 debt was created by fraud, misrepresentation, or bad faith and whether collection would be against equity and good conscience. The case will then be returned for further appellate review if necessary.

The veteran seeks service connection for right groin pain, which he claims is related to an injury sustained in service. The Board has determined that additional development is needed before a decision can be made.

The veteran's overpayment of VA service-connected compensation benefits is denied as recovery would not be against equity and good conscience.

The Board found no evidence of a current eye disorder for VA purposes and denied the veteran's claim for service connection.

The Board has granted service connection for the veteran's heart disability, but with an effective date of March 7, 1994.

The veteran's claims for an earlier effective date for service connection and TDIU were denied as the evidence did not establish that he was entitled to such a date based on the regulations governing effective dates.

The veteran's appeal is being remanded for further development, including a VA examination to determine the current degree of impairment due to his service-connected laceration of the left middle finger.

The Board has granted service connection for residuals of cold weather injuries to the feet and hands, but remanded the issue of service connection for a respiratory disorder (claimed as residuals of pneumonia) due to lack of clarity in the veteran's request for a hearing.

The Board has denied the veteran's claim for service connection for numbness of the left side of the body, finding that there is no current disability related to this symptom and thus denying the claim.

The Board denied the appellant's claim for death pension benefits as she was not married to the veteran at the time of his death, and thus cannot be considered his surviving spouse.