Other conditions decisions — 2009

The Board denied the appellant's service connection claim for the cause of the Veteran's death, claimed as due to radiation exposure, based on a lack of evidence showing that the Veteran participated in atmospheric nuclear tests or that his metastatic colon cancer is related to ionizing radiation exposure in service.

The Board denied service connection for joint pain, sleep disorder, fatigue, respiratory disorder, skin disorder, and muscle pain, finding no nexus to the veteran's military service.

The veteran's countable income has exceeded the applicable income limits for receipt of nonservice-connected pension benefits throughout since his application in June 2005.

The Board found that the Veteran's death was not related to his military service, as no competent medical evidence demonstrated a connection between his service and his cause of death.

The Board denied service connection for large cell lymphoma, finding that the evidence did not support a relationship between the Veteran's service and his current lymphoma.

The Board granted a 10 percent evaluation for TMJ syndrome effective May 4, 2004.

The Board denied the Veteran's claim for service connection for insomnia as there was no evidence linking the condition to his active military service.

The Board denied service connection for squamous cell carcinoma of the left tonsil as it was not shown to be related to the appellant's period of active duty, including any exposure to herbicides.

The veteran's residuals of a right upper lobectomy are not manifested by cor pulmonale; or by Forced Expiratory Volume in One Second (FEV-1) less than 56 percent of predicted value; or the ratio of FEV-1 to Forced Vital Capacity (FVC) less than 56 percent; or Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO(SB)) less than 56 percent predicted; or a maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation); or right ventricular hypertrophy; or pulmonary hypertension; or episode(s) of acute respiratory failure; or the need for outpatient oxygen therapy.

The veteran was granted a 10 percent rating for her residuals of a left leg stress fracture, as the evidence showed subjective complaints and objective findings that met the criteria for this rating.

The veteran's dental implants and partial dentures are service-connected due to in-service facial trauma.

The Board concludes that the veteran's Buerger's Disease had its onset during active duty service, and grants service connection.

The Board granted service connection for the cause of the veteran's death, concluding that his acute myelocytic leukemia was caused by exposure to chemicals during his military service.

The Veteran's claim for service connection for residuals of a compression fracture of the L3 vertebra was denied as it resulted from willful misconduct, specifically alcohol abuse.

The veteran's claims for a certificate of eligibility for assistance in acquiring specially adapted housing or a special home adaptation grant, and for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, were denied as he does not meet the criteria based on his service-connected paranoid schizophrenia.

The case is remanded for additional development, including a VA examination to determine the extent of impairment attributable to the Veteran's service-connected disabilities with respect to any possible loss of use of a lower extremity.

The veteran's annualized family income exceeded the maximum limit for a nonservice-connected pension, thus entitlement to such was denied.

The Veteran's aplastic anemia is service-connected due to presumed exposure to Agent Orange during his Vietnam service.

The Board denied an effective date prior to June 16, 2006, for the award of a permanent and total disability rating for pension purposes.

The veteran's service-connected dysthymic disorder was granted a disability rating of 70 percent, but no greater.