Other conditions decisions — 2008

The Board denied the veteran's widow's request for an earlier effective date for accrued benefits due to aid and attendance, finding that the claim was not received until November 2, 2004, which is later than when entitlement arose.

The Board found no evidence of an inguinal hernia in service and denied the claim as there was no medical nexus between the current diagnosis and active duty.

Throughout the rating period on appeal, the veteran's left heel disability has been productive of complaints of ankle and foot pain and swelling; objectively, tenderness and slight limitation on motion was demonstrated. The criteria for entitlement to a compensable evaluation have not been met.

The Board found that the award of death pension benefits in October 2003 was clearly and unmistakably erroneous due to the decedent's service with the Philippine Scouts, which occurred after 1945. As a result, the appellant was not eligible for death pension benefits as a matter of law.

The veteran's claim for educational benefits under Chapter 30 of Title 38, United States Code is denied as he does not meet the eligibility requirements.

The Board denied the veteran's claim for service connection for DJD with facet hypertrophy at L4-5 and L5-S1, finding no evidence of a chronic disability in service or within one year after separation. The Board also found that there was insufficient continuity of symptomatology to support a finding of chronicity.

The Board denied reopening the claim for service connection due to lack of new and material evidence, despite the veteran's assertions.

The Board has determined that the veteran's service-connected right foot injury, which caused him to be sedentary and limit his activities, contributed substantially or materially to his death from a frontoparietal cerebrovascular accident and aspiration pneumonia. As such, the cause of death is deemed to have been incurred in or aggravated by service.

The Board finds that the veteran is not entitled to service connection for loss of teeth other than teeth 7 and 8 due to dental trauma in service, as he has already received treatment for these teeth. The veteran's claim for additional treatment for missing or extracted teeth is denied.

The Board has determined that the veteran does not have an eye disability related to disease or injury during his active service. The claim for service connection for PTSD is denied.

The Board has remanded the case to the RO for scheduling a Travel Board hearing, as requested by the veteran. The overpayment issue will be addressed at that time.

The Board has determined that the veteran's service-connected sarcoidosis is not related to his claimed cardiovascular disorder, hiatal hernia, or spinal disability (other than the intervertebral disc syndrome for which service connection had already been established). Therefore, these claims are denied.

The Board denied the veteran's claims for service connection for residuals of a concussion and for increased ratings for his service-connected disabilities, including residuals of chest shrapnel wound with multiple foreign bodies and residuals of shrapnel injury to the head. The effective date issue was also denied.

The veteran's adjustment disorder has been rated at 30 percent since April 30, 2007. The effective date remains to be determined as the RO assigned this rating based on a VA examination report showing worsening symptoms.

The Board has remanded the case for additional development, including obtaining VA medical records and providing the appellant with proper notice. The cause of death claim will be reconsidered based on new evidence.

The veteran is granted a permanent and total disability rating for pension purposes due to his inability to secure or follow substantially gainful employment because of nonservice-connected disabilities.

The Board denied the veteran's claim for service connection for residuals of a right colectomy, including as secondary to exposure to ionizing radiation due to lack of evidence linking the condition to service.

The Board denied service connection for an enlarged prostate due to lack of evidence linking it to service or Agent Orange exposure. The claim for impotency secondary to hypertension was remanded but not fully addressed, resulting in a mixed disposition.

The Board found that the veteran's macular degeneration was not incurred or aggravated by service, and it is not proximately due to his service-connected vascular hypertension and/or diabetes mellitus.

The Board denied service connection for the veteran's skin condition, including pityriasis rosea, finding that it was not incurred in or aggravated by his military service.