Other conditions decisions — 2010

The Board has determined that the Veteran's cause of death was due to left lung squamous cell carcinoma, which is not service-connected. The medical evidence does not support a connection between the Veteran's asbestos exposure in service and his lung cancer.

The Board found no current diagnosis of a left hip disorder and thus denied the Veteran's claim for service connection.

The Veteran's appeal is denied as his service-connected conditions do not meet the criteria for initial compensable ratings or service connection.

The Veteran is awarded a temporary total disability rating based on the need for convalescence due to incisional hernia repair through November 2003.

The Board has determined that the Veteran's left eye pterygium and its residuals did not manifest during service or within one year of separation, and are not related to any aspect of service. The claim for service connection is denied.

The Veteran's service-connected residuals of a fractured nasal bone with epistaxis have been assigned the maximum 10 percent rating under VA regulations. The claim for an increased rating has been denied.

The Veteran's service connection claims for respiratory and colon disorders, claimed as due to herbicide exposure, were denied. The Board found that the evidence did not support a finding of direct service connection.

The Veteran's appeal is denied as he was not granted higher initial ratings for his service-connected disabilities.

The Veteran's claim for an earlier effective date for the grant of service connection for residuals of jaw fracture is denied as there was no formal or informal claim prior to June 25, 2004.

The Veteran is seeking service connection for obesity, which he claims developed as a result of his service-connected spine disability and diabetes. The Board finds that further development is needed to determine the nature and etiology of the Veteran's obesity.

The Veteran's gastrointestinal disability is rated at 10 percent, and his onychomycosis of both feet is not compensable. The RO granted the increased ratings for these conditions.

The Veteran's death was not service-connected, and the appellant did not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318 due to lack of entitlement to a 100% disability rating for at least five years prior to his death or as a former POW after September 30, 1999.

The Board has determined that the Veteran and his current spouse, GCL, are legally married for VA purposes and therefore GCL is recognized as the dependent spouse of the Veteran.

The Veteran's service-connected adenocarcinoma, status post left lower lobectomy was reduced from 60 percent to 30 percent effective November 1, 2007. The claim for TDIU due to service-connected disabilities is denied.

The Board denied the Veteran's claims for service connection for hair loss and low blood sugar, finding no evidence of current disabilities or a nexus to military service. The claim for an initial compensable evaluation for right ulnar nerve irritation disability was also denied.

The VA denied the appellant's claim for retroactive DEA benefits under Chapter 35, as her application was received after December 21, 2006, which is more than a year after the effective date of service connection for the cause of the Veteran's death.

The Veteran's death was caused by carcinoma of the epiglottis, which is not a condition presumed to be related to his service in Vietnam due to exposure to Agent Orange. The RO denied the claim for service connection based on the February 2007 VA compensation examiner's opinion that the cancer originated at the base of his tongue and had metastasized.

The Board found that the Veteran's multiple myeloma did not result from his service, including exposure to ionizing radiation. The evidence did not establish a causal relationship between the Veteran's service and his current condition.

The Board denied the appellant's claim for VA death pension benefits as a child of the Veteran due to her income exceeding the maximum annual pension rate.

The appellant is not entitled to accrued benefits based on his relationship as the Veteran's brother because only a veteran's spouse, children, or dependent parents are eligible for such benefits. The appellant has already received VA compensation for the Veteran's burial expenses and did not submit evidence of last sickness expenses.