Other conditions decisions — 2009

The Veteran's respiratory disorder characterized by sleep hypoventilation is found to be incurred during his period of active military service.

The Board found that the Veteran's current diagnosis of mastalgia was not related to her in-service breast problems and denied her claim for service connection.

The Veteran's lumboscoliosis of the thoracic spine is rated at 20 percent, but additional muscle atrophy and weakness in his left leg warrant an additional 10 percent rating for a total of 30 percent.

The Board has determined that the appellant's deceased husband did not have qualifying service as a member of the USAFFE portion of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the Armed Forces of the United States. Therefore, she is not entitled to VA death benefits.

The Veteran does not have a currently diagnosed disorder of the lower extremities, specifically leg cramps. The Board finds that service connection is not warranted for this condition.

The Veteran's service-connected left hip disability is rated at 20 percent, effective December 1, 2002. The initial non-compensable evaluation for the left foot hallux valgus prior to May 5, 2004 has been upheld. Since May 5, 2004, a 10 percent evaluation is assigned.

The case is being remanded for a Travel Board hearing due to the appellant's request and because the current Board Members who conducted previous hearings are no longer employed. The service connection issue remains unresolved as it was not addressed in the original decision.

The Board denied the appellant's claim for VA death benefits as her spouse did not have recognized service in the Philippine Commonwealth Army or United States Armed Forces, and thus does not meet the basic eligibility requirements.

The Veteran's claims for compensation under 38 U.S.C.A. � 1151 are being remanded due to the need for further examination and opinion regarding whether he has additional disabilities as a result of improper VA treatment.

The Board found that the Veteran's death was causally related to his military service, specifically exposure to Agent Orange. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's claim for additional VA compensation for his daughter, KLW, is denied as she does not meet the legal definition of a child for VA purposes and retroactive benefits are also denied.

The Board finds that the Veteran's schizoid personality disorder is not related to service and denies the claim for service connection.

The Veteran's service-connected disabilities, including his left eye loss and right index finger conditions, do not render him unable to secure or follow a substantially gainful occupation.

The veteran's appeal has been dismissed as he withdrew his pending benefits appeal prior to the Board issuing a decision.

The Veteran seeks compensation under 38 U.S.C.A. 1151 for post-operative compartment syndrome of the right lower extremity resulting from medication and surgery by VA. The case is being remanded to obtain additional medical opinions regarding causation.

The Veteran's left eye disability is not service-connected and the claim for compensation under 38 U.S.C.A. ¶ 1151 was denied due to lack of evidence showing VA negligence or fault in diagnosing the problem.

The Veteran's colon cancer is presumed to have been incurred as a result of exposure to ionizing radiation during service.

The Veteran's appeal is for an increased evaluation of his service-connected gunshot wound to the left foot. The Board has determined that a remand is necessary due to inconsistencies in how the disability was rated and because additional evidence may be needed to consider all relevant factors, including the impact on daily life and employment.

The Veteran died from a nonservice-connected cause and was in receipt of VA compensation at the time of his death. The Board denied entitlement to burial benefits in excess of $300 due to the maximum allowable under law.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence connecting cerebrovascular accident to his period of active service.