Other conditions decisions — 2008

The Board finds that the appellant is entitled to recognition as the veteran's surviving spouse for VA DIC purposes due to her marriage to the veteran prior to his death, despite a previous divorce and remarriage.

The Board denied the veteran's claim for service connection for atrial arrhythmia with pacemaker as secondary to his service-connected diabetes mellitus. The other issues were not addressed in this decision.

The veteran seeks service connection for esthesioneuroblastoma, a rare cancer he claims was caused by exposure to Agent Orange in service. The Board has ordered further development of the evidence regarding his potential exposure and its relation to his condition.

The Board has determined that the veteran's avascular necrosis of both hips was not incurred in service and is not related to his service. The claim for bilateral hip avascular necrosis is denied.

The Board found that the veteran's rib resection did not meet the criteria for a compensable disability rating under Diagnostic Code 5297, as there was no evidence of removal or resection of one rib or two ribs without regeneration.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse for VA death pension benefits due to her remarriage to the veteran less than one year before his death, and no child was born of their relationship.

The Board denied a rating in excess of 30 percent for the veteran's costochondritis, finding that her symptoms did not warrant such an increase based on the criteria provided.

The veteran's defective vision, secondary to fracture of frontal skull and bilateral orbital, is currently rated at 30 percent from October 2, 2005. The RO has not assigned a compensable rating for the period prior to this date.,The veteran's fracture of the frontal skull and bilateral orbital is currently rated as noncompensably disabling (0 percent).

The Board has determined that the appellant does not meet the criteria to be recognized as the veteran's surviving spouse for VA death pension benefits, and thus the claim is denied.

The veteran's claims for service connection and increased rating for bilateral hearing loss are being remanded due to the need for updated VA treatment records, a new audiometric examination, and a corrective VCAA notice letter.

The veteran's claims for service connection are being remanded due to the need for additional records and proper VCAA notice.

The Board found that new and material evidence had not been received to reopen the claim of entitlement to service connection for endophthalmitis and enucleation of the left eye. The right eye disorder was also denied as secondary to a service-connected condition.

The veteran is seeking increased ratings for her service-connected disabilities and seeks to establish secondary service connection for additional conditions. The case has been remanded due to the need for a hearing.

The Board denied the veteran's claim for service connection for cause of death due to lack of a medical nexus between his lung cancer and in-service radiation exposure. The appellant was also not found eligible for Dependents' Educational Assistance benefits as she did not meet the criteria for permanent total service-connected disability at the time of her husband's death.

The Board denied the veteran's petition to reopen his previously denied claim for service connection for shell fragment wounds of the neck and back. The claims for residuals of a head injury and cancer due to herbicide exposure were also denied as there was no new and material evidence presented.

The Board has granted the veteran's appeal for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $4,786.00, finding that it would be against the principle of equity and good conscience to require repayment.

The Board denied the veteran's petition to reopen her claim for service connection for discoid lupus erythematosus (DLE) due to lack of new and material evidence.

The Board has determined that the veteran's claim for service connection for urinary urgency and hesitancy, to include as secondary to his service-connected lumbar strain with degenerative disc and joint disease, remains on appeal. The case is being remanded to obtain a VA examination to determine if the veteran has a current genitourinary disorder related to his period of active service or if it is a manifestation of his service-connected lumbar strain with degenerative disc and joint disease.

The veteran's appeal is being remanded for further development, including scheduling a VA examination and providing corrective VCAA notice.

The Board has reopened the veteran's claim for service connection for hallux valgus of the right foot due to new and material evidence submitted since the last denial in January 1999. The issue is now on remand for further examination and development.