Other conditions decisions — 2008

The Board has reopened the veteran's claim for service connection for hidradenitis suppurative. However, further development is needed as a remand is ordered to determine if the current hidradenitis suppurative condition is related to the hidradenitis suppurative condition from service and whether the veteran should be granted a TDIU rating.

The Board has determined that the appellant and the veteran had a deemed valid marriage for VA purposes, based on their continuous cohabitation from the date of the attempted marriage until the veteran's death.

The Board previously denied the appellant's claim for DIC, death and accrued benefits as the surviving spouse of the veteran due to her remarriage after the veteran's death. The Court has now remanded the case back to the RO for consideration of new evidence indicating that the appellant's current spouse had died.

The Board denied the claim to reopen the right elbow disorder due to lack of new and material evidence.

The Board denied the appellant's petition to reopen her claim of service connection for the cause of the veteran's death under 38 U.S.C.A. § 1310, finding that she did not submit new and material evidence.

The veteran's death was not caused by a service-connected condition, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318 or accrued benefits based on pending claims of service connection.

The veteran's appeal is being remanded for a Travel Board hearing before the RO.

The Board denied the veteran's claim for a disability rating in excess of 20 percent for her service-connected fibromyositis of the paravertebral muscles due to lumbarization of S-1 with spina bifida occulta, finding that her back disability did not meet the criteria for higher ratings based on functional loss or intervertebral disc syndrome.

The Board has determined that the veteran does not have a current diagnosis of neurogenic bladder and therefore service connection is denied.

The Board finds that the July 18, 1999 surgical procedure resulted in additional disabilities and that VA did not obtain informed consent from the veteran. Therefore, the claim is granted.

The Board found no evidence of a current right eye disorder and concluded that there is insufficient medical evidence to connect any past injury or condition in service with the veteran's present disability. As such, the claim for service connection was denied.

The veteran's claim for service connection for toxoplasmosis was pending and eventually granted on April 9, 1969. The appellant is seeking an earlier effective date.

The Board has granted service connection for a duodenal ulcer status post gastrectomy and secondary service connection for cholecystectomy to the duodenal ulcer. Service connection for gastroesophageal reflux disease is denied.

The veteran's left hemisphere abnormality affecting the right lower extremity warrants a disability rating of 60 percent, effective December 21, 2005. The appeal is granted for this issue.

The Board has granted a 100 percent rating for the veteran's mood disorder, effective from April 21, 2000. The issue of entitlement to TDIU is dismissed as moot due to the grant of service connection and the 100 percent rating.

The Board has determined that the veteran does not have current residuals of cold weather injury to his hands and feet, which are required for service connection. The claims are therefore denied.

The veteran's claim for an initial rating higher than 20 percent for Thygeson's superficial punctate keratopathy is being remanded due to outstanding private medical records and clarification on the desire for a representative.

The Board has determined that the cause of the veteran's death, ischemic cardiomyopathy, is not service-connected as it was not incurred or aggravated by active duty. The evidence does not support a finding that the veteran's ischemic cardiomyopathy was caused by exposure to herbicide agents during his military service.

The Board finds that the veteran's current pulmonary disorder is related to a chronic glandular condition in service, and grants service connection for this condition.

The veteran's head, chest, and stomach injuries were not incurred in the line of duty. The Board finds that he did not sustain these injuries during an assault on July 22, 1974, while AWOL from his military duties. Therefore, service connection for any resulting disabilities is denied.