Other conditions decisions — 2009

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) is denied as he does not fall within any of the clearly-defined exceptions to the ten-year delimiting period.

The Board denied the Veteran's application to reopen his claim for service connection for left lower extremity lymphedema, finding that new and material evidence had not been submitted.

The Veteran's cold injuries to the upper and lower extremities are found to be related to his active service, thus service connection is granted.

The Veteran died with no service-connected disabilities and did not have an original or reopened claim for benefits pending at the time of his death. Therefore, he is not eligible for payment of burial benefits.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issue of service connection for blood in urine as an undiagnosed illness remains pending.

The Board found that the appellant is not eligible for non-service-connected death pension benefits as a helpless child due to lack of evidence showing she was permanently incapable of self-support before her 18th birthday.

The rating reduction from 30 to 10 percent for pitted keratolysis of the bilateral feet was granted as the condition improved and only affected a small portion of his body.

The Board denied service connection for residuals of cold injury to the hands and feet in April 2007, finding no evidence of a current disability or an in-service event. New evidence submitted after this decision supports reopening these claims.,Service connection was not granted for rheumatic fever, heart murmur, and cerebrovascular accident as there is insufficient evidence linking these conditions to service.

The Board has determined that the Veteran's death was caused by squamous cell carcinoma of the nasopharynx, which is presumed to be due to his exposure to herbicide agents during service in Vietnam. As such, the claim for service connection for the cause of death is granted.

The Board has determined that the Veteran's bladder cancer is not related to his military service, including exposure to asbestos. The claim for residuals of a stroke due to bladder cancer also fails as there is no service-connected disability.

The Veteran's claim for nonservice-connected pension benefits and special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound was denied due to his countable income exceeding the maximum annual pension rate.

The Board has remanded the case for additional development due to incomplete compliance with previous directives and inadequate VCAA notice.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for impotence, compensation under 38 U.S.C. § 1151 for penile deformity and impotence, residuals of a right heel fracture, and residuals of a left ankle fracture.

The Veteran's appeal is being remanded for clarification of his claims and additional development, including a VA examination for his service-connected hydradenitis with recurrent cystic skin lesions.

The Board found that the Veteran's current dental disorder was not incurred in or aggravated by service and denied her claim.

The Veteran's Raynaud's Syndrome has not been manifested by characteristic attacks occurring four to six times a week since August 5, 2002. The Veteran failed without good cause to report for a VA examination scheduled in May 2008 for the purpose of evaluating his Raynaud's Syndrome. As such, an initial evaluation in excess of 10 percent is not warranted.

The VA denied the appellant's request for a higher evaluation of his service-connected coronary vascular disease and did not grant TDIU due to service-connected disability.

The Board denied the Veteran's claims for service connection for chronic post-operative pineal gland tumor residuals, a chronic skin disorder (shingles), and a chronic immune system disorder (connective tissue disorder) as her conditions were first diagnosed in the mid-1990s and not during her military service.

The Board has determined that the Veteran's death was not caused by or a result of his time in service, and therefore denied the claim for service connection for the cause of death.

The Board has determined that the Veteran's left eye disorder, diagnosed as keratoconjunctivitis, macular degeneration, cataracts, and Sjogren's syndrome, was not incurred in or aggravated by active service. The evidence does not support a finding of an in-service injury or exposure to any known causative factors.