Other conditions decisions — 2008

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for left breast cancer was denied because the mammogram and ultrasound provided at Michigan State University (MSU) were not furnished by a VA employee or in a Department of Veterans Affairs facility over which the Secretary of Veterans Affairs has jurisdiction, as required by the provisions of 38 U.S.C.A. § 1151.

The Board found that the veteran's incisional hernia was not caused by VA carelessness, negligence, or error in judgment. The Board concluded that the additional disability did not result from an event not reasonably foreseeable.

The Board has ordered the case to be remanded for further development, including obtaining an opinion on whether the veteran's service-connected macular degeneration played a role in his death from myocardial infarction.

The veteran's dental claim is being remanded for further development due to insufficient evidence provided by the VA examiner regarding the extent of maxilla loss and its association with service.

The Board found that the appellant's discharge from service was under dishonorable conditions due to willful and persistent misconduct involving drug use, which precludes VA benefits for this period of service.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for residuals of a right hand gunshot wound (claimed as loss of middle finger). The claim is therefore denied.

The Board has determined that the veteran's hidradenitis warrants a 30 percent evaluation from February 7, 2008 and denied any higher rating based on the current evidence.

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

The Board has remanded the case for additional development, including providing proper notice and obtaining a medical opinion regarding whether the veteran's cause of death was related to his service-connected condition.

The Board found no evidence of duodenal ulcers or arterial blockage in service, and denied the claims for these conditions. The claim for hypertension was not reopened due to lack of new and material evidence.

The veteran's claim for a higher rating for his service-connected right fifth finger disability is being remanded due to the need for additional development, including scheduling a VA examination and obtaining relevant medical records.

The Board denied the appellant's claim for restoration of her DIC benefits, finding that she was not eligible due to remarriage prior to age 55.

The veteran's appeal for special monthly pension was dismissed due to his death.

The Board has determined that the appellant did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces and therefore is not eligible for VA benefits.

The Board denied the veteran's claims for service connection for right foot arthritis and to reopen his claim of service connection for arthritis of multiple joints. The evidence did not establish a direct link between the veteran's current conditions and his military service.

The veteran's cause of death was listed as lymphoma of the lung, with Huntington's Chorea noted as a significant condition. The Board is remanding the case for further development to determine if the veteran served in Vietnam and potentially exposed to herbicides.

The Board has determined that the veteran sustained combat-related injuries to his back, neck, and hip during service. The appeal is granted for these conditions.

The Board has determined that the veteran's nephropathy is attributable to his service-connected diabetes mellitus, and thus grants service connection for this condition.

The Board denied the veteran's claim for a rating in excess of 10 percent for residuals of a stab wound, right hemi-thorax, finding that his complaints of pain did not warrant a higher rating.

The Board found that the reduction of the rating for non-Hodgkin's lymphoma from 100 to 0 percent, effective October 1, 2005, was proper. The veteran is currently rated at 40 percent for residuals of non-Hodgkin's lymphoma as of October 1, 2005.