Other conditions decisions — 2008

The veteran is seeking eligibility for enrollment in the VA healthcare system. The case has been remanded to determine her financial status and whether she qualifies for priority groups 5 or 7.

The appellant's only service was as a recognized guerrilla during World War II, and thus does not meet the basic eligibility requirements for VA pension benefits.

The VA determined that the veteran's right ear otitis media did not result from his military service or a service-connected disability.

The Board has remanded the case to obtain a medical opinion regarding whether the veteran's death was related to service, specifically in relation to asbestos exposure. The appellant must provide additional evidence and argument on this matter.

The Board found that the veteran's pre-existing back injury did not increase in disability beyond natural progression during service, and thus denied his claim for service connection.

The veteran withdrew his appeal of the claim for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $10,452 before the Board could make a decision.

The VA determined that the appellant's income exceeded the maximum rate for widow with one dependent, thus her VA death pension benefits were properly terminated effective February 1, 2001.

The Board found that the cause of death (cerebrovascular accident) was not related to service, and the veteran's service-connected post-traumatic epilepsy did not contribute to his death. Therefore, service connection for the cause of death is denied, and eligibility for DEA benefits under Chapter 35 is also denied.

The Board has remanded the case to the RO for further development due to new evidence suggesting additional development is necessary.

The Board has determined that the veteran's right eye disability, including residuals of a right eye injury, is related to service and grants service connection.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for residuals of the bends. The issue of entitlement to an initial evaluation in excess of 10 percent for bilateral foot dermatitis was denied.

The Board found that the appellant's late husband had no recognized service and denied her legal entitlement to VA benefits.

The Board denied service connection for a right knee disorder and a digestive disorder, both claimed as secondary to pain medication taken for the right knee malady. The veteran's service medical records were negative for any complaints or diagnoses related to her current right knee condition.

The veteran's service-connected sebaceous cystic disease alone does not prevent him from obtaining substantially gainful employment, as he has multiple other disabilities and is retired. The Board finds that the preponderance of evidence is against a finding that his service-connected disability alone prevents him from obtaining all forms of substantially gainful employment.

The Board found that the veteran's fatal cancer of the liver did not begin during service or for many years thereafter and was not linked to any incident of active duty. Therefore, service connection for the cause of the veteran's death is denied.

The Board has remanded the case for additional development due to a lack of proper notice and assistance in establishing common law marriage.

The Board has determined that the veteran's bilateral varicose veins are currently rated at 36 percent under DC 7120, and with application of the bilateral factor (DC 4.25) and the additional 10 percent for the right leg (DC 4.26), he is now entitled to a combined disability rating of 40 percent.

The Board found that the veteran's leukopenia and secondary anemia were incurred in service, but denied his claim for a compensable evaluation as his conditions are currently asymptomatic with no need for treatment.

The VA did not find that the veteran's additional disability following his right inguinal hernia repair was caused by any fault on their part or an unforeseeable event.

The Board has determined that the veteran's Mônière's disease is likely attributable to his period of active military service, and thus grants service connection for this condition.