Other conditions decisions — 2008

The Board found that the veteran is not entitled to an extension of a temporary total evaluation beyond May 31, 2005 for his left wrist fracture with fusion. The case is being remanded for further development including obtaining additional medical records and scheduling a VA examination.

The Board denied the appellant's claim for helpless child benefits, finding that she was not permanently incapable of self-support before turning 18 due to her cerebral palsy.

The Board denied the veteran's claim for service connection for esophageal cancer, which he claimed was due to Agent Orange exposure during his Vietnam-era service. The VA determined that esophageal cancer is not among the recognized conditions associated with Agent Orange exposure and there is no medical evidence linking the condition to service.

The Board denied the veteran's claim for service connection for the cause of his death, finding no evidence linking his glioblastoma multiforme to his active service or any applicable presumptive conditions.

The veteran's claim for retroactive monthly compensation of $2,239 under 38 U.S.C.A. § 1114(j) was denied as the statutory rate did not amount to $2,239 from May 1, 1998.

The Board has determined that there is no current right leg disability and thus cannot grant service connection for the veteran's claimed condition.

The veteran's Raynaud's disease is rated at 10 percent, his diplopia (double vision) is not considered a disability for VA compensation purposes, and his orthostatic hypotension was incurred in service. The sensitivity to ibuprofen and related drugs is not related to service.

The veteran's adopted child and spouse are not entitled to an effective date earlier than August 1, 2004 and June 1, 2005 respectively for the payment of additional disability compensation benefits.,VA was notified of the existence of the dependent minor child on May 9, 2005. The earliest possible effective date for payment is August 1, 2004. For the spouse, VA was notified on May 9, 2005 but the veteran did not notify VA until five years later. The earliest possible effective date for payment of additional disability compensation benefits based on marriage to the spouse is June 1, 2005.

The VA denied a compensable evaluation for the veteran's service-connected left ear otitis media and did not reopen his claim of service connection for a cervical spine disability.

The veteran withdrew his appeal regarding the apportionment of disability compensation benefits on behalf of his spouse.

The veteran is seeking to have the Board's April 1991 decision on his PTSD claim revised or reversed due to CUE. The case has been remanded for further proceedings, including a new hearing before another Veterans Law Judge.

The Board denied the veteran's claims for service connection for residuals of right foot surgery and bilateral cataracts, finding that there was no evidence of a chronic condition in service or any relationship to service.

The Board has remanded the case due to the need for a medical opinion and additional financial information regarding exclusions from the appellant's countable income.

The Board has ordered a remand for further development regarding the veteran's hip disorders, including an examination to determine if there is a relationship between his service and his diagnosed conditions.

The Board granted a 100 percent schedular evaluation effective from April 17, 2006 for the veteran's mood disorder secondary to head injury. The veteran appealed this decision and the Court vacated part of it, including the denial of an earlier effective date.

The Board denied the appellant's claim for receipt of nonservice-connected death pension benefits from March 1, 2003 to June 1, 2005 due to excessive income. The RO reinstated her entitlement to pension benefits effective from June 1, 2005.

The veteran's claim for an increased disability rating for his service-connected residuals of a shell fragment wound of the right thigh is being remanded due to procedural issues.

The VA determined that the veteran's current chronic gastrointestinal disorder is not related to his service, including his appendectomy and associated complications.

The Board found that the veteran's death was not caused by a service-connected condition, and therefore denied his claim for service connection for the cause of death. The DIC benefits claim under 38 U.S.C.A. § 1318 were also denied.

The veteran's claim for an initial evaluation in excess of 10 percent for residuals of a cerebral vascular accident was remanded due to the need for further development and notification under the Veterans Claims Assistance Act of 2000 (VCAA).