Other conditions decisions — 2008

The veteran withdrew his appeal before the Board could make a decision.

The Board found no service connection for the cause of death and denied eligibility for Dependents' Educational Assistance (DEA). The veteran's death was not caused by a service-connected disability.

The Board found that new and material evidence had been received to reopen the veteran's claim of service connection for skin rash, but denied the underlying claim as there is no current disability.

The Board has determined that the evidence received since the April 1973 rating decision is not new and material, thus the claim of service connection for a bilateral hand disability may not be reopened.

The Board denied the claim for an earlier effective date for apportionment of the veteran's VA benefits on behalf of his minor child, finding that no legal basis exists to award such a date.

The veteran's death was not due to a service-connected disability, and he did not have pending claims for benefits at the time of his death. Therefore, burial benefits are denied.

The Board has remanded the case for additional development and consideration of new evidence, including VA treatment records from October 2005 to December 2006. The veteran's TDIU claim will be reconsidered based on this new information.

The Board found that the cause of the veteran's death was not due to a disability incurred or aggravated by service, including exposure to herbicide agents. The appellant's claim for service connection for the cause of her husband's death is denied.

The Board found that the veteran did not have malaria during service or for many years after service, and thus denied his claim of service connection for malaria.

The Board has granted service connection for the cause of the veteran's death effective January 10, 2003. The decision was based on new and material evidence submitted by the appellant in her reopened claim.

The Board has determined that the veteran's children are not in his custody and he is not reasonably discharging his responsibility for their support, thus granting a general apportionment of the veteran's VA benefits to the veteran's two dependent children.

The veteran's right elbow disability was initially rated at 10 percent prior to July 14, 2006. Since then, a higher rating has been denied.

The Board finds that the veteran's pyloroplasty residuals, manifested by complaints of epigastric pain, episodes of nausea, vomiting, sweating, and diarrhea with no objective evidence of significant anemia or malnutrition, warrant a 40 percent evaluation under Diagnostic Code 7308.

The veteran's son, J.P.L., was granted helpless child benefits effective April 16, 1997, for permanent incapacity for self-support before or at the time of his eighteenth birthday.

The Board found that the veteran's left hand disability was not incurred in or aggravated by service and denied his claim for service connection.

The Board found that new and material evidence had not been received to reopen the claim of service connection for malaria, as the additional evidence did not show a current diagnosis of malaria.

The Board found that the veteran's current neck condition did not originate in service or within one year thereafter, and it is not related to any incident of service.

The Board has granted an initial evaluation of 50 percent for dysthymia, effective from April 1, 1991.

The Board has determined that the veteran's sickle cell trait existed prior to service and did not increase in severity during military service, thus denying his claim for service connection.

The Board has determined that the veteran's eustachian tube dysfunction does not warrant a compensable evaluation, as there is no objective evidence of swelling, discharge, or itching to meet the criteria for a compensable rating under Diagnostic Code 6210. The preponderance of the evidence is against the claim.