Other conditions decisions — 2008

The Board has determined that the apportionment of the veteran's VA compensation benefits on behalf of his minor daughters was appropriate.

The Board denied the veteran's claim for service connection for esophageal cancer and his DIC under 38 U.S.C.A. § 1318, finding that there was no evidence linking his death to military service or any presumptive conditions.

The Board denied the appellant's claim for reopening a service connection for the cause of the veteran's death due to lack of new and material evidence. The RO had previously denied the claim in January 1983, October 1994, and November 1994.

The Board has granted service connection for a spinal disorder and denied service connection for a left leg disorder. The veteran is not entitled to an initial compensable rating for right ear hearing loss prior to April 7, 2008, but she is entitled to a noncompensable evaluation for bilateral hearing loss as of that date.

The veteran's claim for a higher initial rating and earlier effective date for the grant of a 60 percent rating for antecedent granulomatous disease with mild pleural thickening in the right hemithorax was denied. The condition is rated under the general rating formula for interstitial lung diseases, diagnostic codes 6825 through 6833.

The Board has remanded the case for readjudication of the veteran's claim of entitlement to service connection for a brain tumor related to military service, including as due to exposure to ionizing radiation. The RO should consider any additional evidence of record and issue a Supplemental Statement of the Case if action remains adverse.

The veteran's service connection for his disability was granted effective August 17, 1993. The Board finds that the apportionment of his VA compensation benefits on behalf of his minor daughters should have been effective as of August 17, 1993 and not March 1, 1994. The termination of the apportionment was appropriate due to the veteran's regular child support payments.

The veteran's death was caused by prostate carcinoma. The appeal is remanded to determine if the veteran was exposed to hazardous chemicals during Reserve service and to Thailand, as well as whether he had exposure to herbicide agents. Additionally, proper VCAA notice must be provided regarding conditions for which the veteran may have been service-connected at the time of his death.

The Board found that the veteran's request for waiver of recovery of an overpayment of VA pension benefits was not timely submitted, as it was received more than 180 days after the notification of indebtedness.

The Board has determined that the veteran's service-connected left knee disability, which includes chondromalacia and arthritis, warrants a rating of 20 percent based on limitation of motion. The criteria for instability have not been met.

The Board denied the veteran's application to reopen his previously denied claim of service connection for residuals, left hand laceration due to lack of new and material evidence.

The Board denied the appellant's claim for a nonservice-connected death pension due to her income exceeding the maximum annual pension rate.

The Board found that the veteran does not have a lung disability related to service, carcinoma of the bladder is not related to radiation exposure in service, and there is no evidence of carbine shoulder or cyst removal due to service. The veteran's claims for these conditions were denied.

The Board finds that the veteran's current bilateral hip disabilities, testicular disorder, and bilateral claudication and ischemia of the lower extremities did not begin during his periods of service or are otherwise related to such service. The claims for these conditions have been denied.

The Board has determined that the veteran's ganglion cyst of the right foot/heel and left elbow disorder (epicondylitis) are service-connected, with the benefit of doubt favoring the veteran.

The Board has remanded the case for a travel Board hearing and to provide the correct representative with correspondence.

The veteran's claim for an increased evaluation of his post traumatic stress disorder (PTSD) is being remanded due to the need for a new VA examination.

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

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from May 31, 2003 to June 3, 2003 was denied as the claim was not received within 90 days after discharge.

The Board found that the cause of death was not related to VA medical treatment, and thus denied DIC benefits under 38 U.S.C.A. § 1151.