Other conditions decisions — 2009

The Board found that the Veteran's eye disorders were not incurred in or aggravated by service and denied his claim.

The Board has granted the Veteran's claim of entitlement to service connection for a left leg disability, which is claimed as secondary to his service-connected spondylolysis at the L5-S1 level bilaterally.

The Board found that an apportionment of the Veteran's disability compensation benefits in excess of $150.00 is not warranted due to insufficient evidence of financial hardship and considering the need for both the appellant and the Veteran.

The Veteran's liver disorder is being remanded for a VA examination to determine its etiology, including whether it was incurred in or aggravated by his period of active duty, to include as a result of presumed exposure to herbicides while serving in Vietnam.

The Board has remanded the case for further development, including obtaining private treatment records and a medical opinion regarding the relationship between the Veteran's stroke residuals and his military service or PTSD.

The Board has determined that there is no evidence of a chronic lung condition during service and the current lung condition is not related to military service, including exposure to asbestos. Therefore, service connection for the lung condition is denied.

The Veteran's service connection claims for bilateral loss of vision were denied as there was no evidence showing an in-service injury or disease that resulted in current vision disorders.

The Board found that the Veteran's chronic myeloid leukemia was not incurred in or aggravated by active military service, including his claimed inservice exposure to herbicides and/or ionizing radiation. As a result, service connection for this condition is denied.

The Veteran's right ear defective hearing is manifested by tinnitus and no worse than Level V hearing loss. The criteria for the assignment of a compensable rating for the service-connected right ear disability on the basis of hearing loss have not been met.

The Board denied the Veteran's claims for reopening his service connection claims for residuals of a lacerated chin and loss of two upper front teeth due to trauma, finding that no new and material evidence was received.

The Board has remanded the case for additional development, including obtaining SSA records and providing the Veteran with an opportunity to submit such records directly to VA.

The Board has remanded the case due to insufficient evidence regarding mustard gas exposure during reserve service, and requests that the Chemical Corps at Fort Lewis provide details on potential exposure.

The Board finds no evidence of a current bilateral eye or skin disability that existed in service, and there is insufficient medical opinion to establish a link between any current disabilities and service. Therefore, the Veteran's claims for service connection are denied.

The Board has reopened the claim for service connection for gastrointestinal disorder to include diverticular disease and abdominal pain, granted recognition of a claim for TDIU prior to January 10, 2006, but found no new evidence that would support reopening the claim for service connection. The Board also determined that TMJ is proximately due to or the result of PTSD.

The Board finds that the appellant is not entitled to an effective date prior to September 26, 2003 for the grant of death pension benefits based on the need for the regular aid and attendance of another person. The earliest date at which it may be determined that entitlement arose for the claimed benefits (aid and attendance award) is June 30, 2003, the date of the private examination.

The appellant is not recognized as a child for VA benefits eligibility purposes due to his age and lack of evidence showing he was permanently incapable of self-support prior to turning 18 years old.

The Veteran is seeking service connection for chronic granulocytic leukemia, which he claims was caused by herbicide exposure during his time in the Republic of Vietnam. The case has been remanded to obtain additional medical records and a VA examination.

The Veteran's appeal is being remanded to the RO for a VA examination to assess his current disability levels and for further development of his claims.

The Veteran died in December 1993 and there were no due and unpaid benefits at the time of his death. The appellant's claim for accrued benefits was denied as she did not have a pending claim for VA benefits, nor could she be considered entitled to any due and unpaid benefits.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for the purposes of pursuing entitlement to VA death benefits, resolving all reasonable doubt in favor of the claimant.