Other conditions decisions — 2008

The veteran's cause of death is listed as respiratory failure with underlying cause being acute myelogenous leukemia. The appellant seeks service connection for the cause of death, alleging it was caused by Agent Orange exposure. However, proper VCAA notice has not been provided.

The Board has determined that the veteran's current bilateral eye disability is not related to service and therefore denied his claim for service connection.

The veteran's application for education benefits was not received in a timely manner, and therefore, the appeal is denied.

The Board denied the veteran's claim for waiver of overpayment of Chapter 30 education benefits, finding that repayment would not be against principles of equity and good conscience.

The Board denied the appellant's claim for legal recognition as the veteran's surviving spouse for VA death benefit purposes due to her not meeting eligibility requirements under the relevant laws.

The veteran's application for enrollment in the VA Medical Health Care System was denied as he does not have any service-connected disabilities and is assigned to Priority Group 8, which is not eligible for enrollment after January 17, 2003.

The Board found that the veteran's respiratory disability, diagnosed primarily as chronic obstructive pulmonary disease, was not incurred or aggravated by service and is unrelated to his military service. The preponderance of evidence shows that it is primarily due to a long history of smoking.

The Board granted an increased disability rating of 10 percent for the veteran's service-connected ruptured left posterior tibial tendon.

The Board is remanding the case to determine if the appellant's exposure to radiation during military service, which may have contributed to her husband's death from non-Hodgkin's lymphoma, warrants service connection. The VA will seek additional evidence and a dose estimate.

The Board denied a rating in excess of 40 percent for the veteran's residuals of a herniated nucleus pulposus at T7-8 with neuralgia from January 26, 2005.

The Board has determined that the veteran's claimed neurologic, muscle, and bone disorders are not service-connected due to lack of evidence linking these conditions to his active military service or exposure to Agent Orange.

The Board found that the veteran's current back disability is not related to his service, and thus denied his claim for service connection.

The Board denied the veteran's claim for service connection for substance abuse and dementia due to substance abuse, finding no new and material evidence that would allow reopening of the claim.

The veteran is seeking service connection for a fungal infection of his feet, which he claims developed during his military service. The case has been remanded to obtain a VA examination and determine the etiology of the condition.

The Board found that the veteran's current skin disorder is not related to his service, including exposure to herbicides in Vietnam. The claim for service connection was denied.

The Board denied an increased (compensable) rating for residuals of a puncture wound of the rectum, finding that there was no limitation of function or other impairment. The claim to reopen a service connection claim for prostate disorder with impotence is remanded.

The Board found that the cause of the veteran's death, myelofibrosis, was not related to his military service or any service-connected condition. The wound infection post-splenectomy is considered a significant contributing factor but not directly related to service.

The veteran died of esophageal cancer, which was not service-connected. The Board found no evidence linking the cause of death to his military service.

The Board has remanded the case due to issues with service connection for lung problems, claimed as secondary to Agent Orange exposure. The veteran's Navy service is considered qualifying service for VA benefits purposes.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.