Other conditions decisions — 2008

The veteran's claim for an initial rating greater than 30 percent for bronchospastic disease is being remanded due to inconsistencies in the evaluation criteria and need for updated VA examination.

The VA determined that the appellant could not be recognized as the surviving spouse of the veteran due to a lack of valid marriage and continuous cohabitation.

The veteran died from glioblastoma, a condition not previously service-connected. The appellant seeks to establish that the cause of her husband's death is related to his exposure to Agent Orange during his military service in Vietnam.

The Board has determined that there is no evidence to support a finding of service connection for the veteran's bilateral hip arthritis as secondary to his service-connected thoracolumbar spine disability. The claim was denied.

The Board denied the veteran's claim for an increased evaluation for his service-connected duodenal ulcer disease, finding that the current manifestations did not warrant a higher rating under any applicable diagnostic codes.

The Board has determined that the veteran's schizoaffective disorder is attributable to his active military service and grants service connection for this condition.

The Board has determined that the veteran's total hysterectomy with bilateral salpingoophorectomy is attributable to her period of active service, including undiagnosed uterine fibroids while in service.

The Board has determined that the veteran's death was caused by his service-connected conditions, including Acute Myelogenous Leukemia (AML), Myelodysplastic Syndrome, and Macrocytic Anemia, which were likely due to Agent Orange exposure during service. As such, the appeal for service connection for the cause of the veteran's death is granted.

The veteran's claims for service connection for colon diverticula, infertility, and eye disorders (conjunctivitis) due to radiation exposure were denied. The claim for an effective date prior to April 15, 2004, for a higher evaluation of his discoid lupus with alopecia is also denied.

The veteran's nerve damage to his left hand, resulting from a VA surgical procedure in January 2004, is not considered an additional disability caused by VA carelessness, negligence, or lack of proper skill. The Board finds that the event was reasonably foreseeable.

The Board has determined that the appellant's death pension benefits were improperly terminated due to excess countable income, and thus remanded for further action.

The Board has determined that a VA medical opinion is needed to determine if the veteran's esophageal cancer was related to service, including exposure to ionizing radiation. The case will be remanded for further development.

The veteran's service-connected residuals of C-4 fracture are not rated higher than 40 percent, and he does not have a service-connected bilateral hearing loss or tinnitus.

The veteran's overpayment of compensation benefits was denied because the failure to recover it would not be against equity and good conscience, given his financial situation and lack of fault.

The Board has remanded the case for a travel Board hearing at the RO. The veteran's request for service connection for spondylolisthesis and spondylosis, L5-S1 is pending.

The veteran died in April 2005, and the appellant was divorced from him at that time. Therefore, she cannot be considered his surviving spouse for VA benefit purposes.

The Board has determined that the veteran's service-connected conversion reaction does not meet the criteria for a higher disability rating than 10 percent.

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

The Board has remanded the case due to insufficient medical evidence and a need for further examination to determine if the veteran's current right hip disorder is related to his service, specifically the helicopter crash in January 1967.

The veteran's service did not qualify him for nonservice-connected death pension benefits, and the appellant's claim for accrued benefits was not timely filed.