Other conditions decisions — 2008

The appellant is not entitled to reinstatement of VA death pension benefits as the law does not provide for such reinstatement.

The veteran's claim for an increased rating for his service-connected left foot disability was denied. The Board found that the medical evidence did not support a compensable rating due to lack of objective findings and no additional loss of function.

The Board denied the veteran's claims for service connection for a jaw/gumline disability, residuals of a broken nose, and an increased rating for peptic ulcer disease. The claim for service connection for a deviated nasal septum was granted.

The Board denied service connection for the cause of the veteran's death due to head and neck cancer, which was not shown to be associated with exposure to herbicides (Agent Orange). The cancer was found to have been caused by a new condition that arose after service.

The veteran's claim for an increased rating for his service-connected residuals of a shell fragment wound to the left groin with fibromyositis and retained foreign body is being remanded due to the need for additional medical examination.

The veteran's last marriage to the appellant ended in divorce, and he subsequently remarried. The appellant is not recognized as his surviving spouse for purposes of DIC benefits.

The Board finds that the veteran's peripheral vascular disease and amputations are related to his in-service cold weather injury, but service connection is granted on a direct basis.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran, finding that she was not lawfully married to him at the time of his death and thus is not eligible for VA benefits.

The Board found no evidence to support service connection for a left elbow disability or neurological disability of the left hand and fingers, as there was no medical nexus linking these conditions to service. The veteran's current disabilities were attributed to post-service injuries.

The VA determined that the veteran's bilateral eye disorders, including decreased visual acuity, right eye cataracts and macular degeneration, were not incurred or aggravated during active service or due to a service-connected disability.

The Board has granted service connection for dysthymic disorder and assigned a 70 percent rating, effective June 22, 1999. The veteran's claim for an earlier effective date is denied.

The Board found that the appellant knowingly submitted false or fraudulent statements in support of her claim for VA benefits, leading to a forfeiture of her rights to death pension benefits.

The Board denied the veteran's claims for an initial evaluation in excess of 40 percent and a higher evaluation for narcolepsy, as well as his claim for earlier effective date for TDIU.

The Board has granted service connection for Mounier-Kuhn's syndrome, a congenital disease. Service connection was denied for chronic headaches and left nasopharyngeal angiofibroma.

The Board denied the veteran's claim for service connection for residuals of a head injury.

The case is being remanded for a Travel Board hearing and further development.

The VA denied the veteran's claim for an evaluation in excess of 10 percent for his residuals of back strain, thoracic region. The RO found that the combined range of motion of the thoracolumbar spine was 225 degrees, which does not meet the criteria for a rating higher than 10 percent.

The Board has determined that the veteran's left calf numbness does not warrant a compensable rating under the applicable VA rating criteria.

The Board has reopened the veteran's claim for service connection due to new and material evidence, but has denied the underlying claim as the residuals of the gunshot wound are not related to active duty.

The Board has determined that the veteran's poliomyelitis left foot was aggravated by service, and thus grants service connection for this condition.