Other conditions decisions — 2010

The Board found that the Veteran's respiratory failure, pneumonia, and cancer of the esophagus were not related to his service. The cause of death was determined to be due to these conditions, which did not have a connection to his military service.

The Veteran's claims for service connection for skin, GI, and breathing/respiratory disabilities are denied as there is no evidence of a current disability or in-service incurrence.

The Veteran's claim for an earlier effective date for his TDIU is denied as he did not meet the schedular criteria for a TDIU prior to August 4, 2003.

The appellant's claim for recognition as the surviving spouse of the Veteran is denied because they were legally divorced at the time of his death and did not have a deemed valid or de facto marriage.

The Veteran's appeal for reimbursement of medical expenses is dismissed due to his death.

The Board denied the appellant's request for an extension of Survivors and Dependents Educational Assistance (DEA) benefits beyond the initial 45 months awarded, stating that no legal basis exists to extend the benefits.

The Veteran's Raynaud's Syndrome has been granted an initial increased disability evaluation to 40 percent, effective August 29, 2005.

The Board has determined that the reduction of the Veteran's disability compensation to half of the 10 percent rate, effective June 1, 2006, due to incarceration was proper.

The Veteran's death was not caused by, or substantially or materially contributed to, a disability incurred in or aggravated by active service.,The appellant is not entitled to recognition as the 'helpless child' of the Veteran due to lack of evidence showing permanent incapacity for self-support prior to attaining age 18.

The VA denied increased ratings for degenerative joint disease of the left and right hips, as well as a separate evaluation for right leg limitation of adduction.

The Veteran's squamous cell carcinoma of the left vocal cord/larynx was not incurred in or aggravated by active service, and may not be presumed to have been so incurred or aggravated. The VA opinion did not find a link between the cancer and radiation exposure during service.

The Board denied the Veteran's claim of service connection for a respiratory disorder, finding that new and material evidence was not submitted to reopen his claim.

The Board has determined that the Veteran's claim for service connection for residuals of a right thumb injury cannot be reopened as there is no new and material evidence to support it. The claim for secondary service connection for a right arm disability was not legally merited due to lack of a current diagnosis.

The Board has determined that the Veteran's daughter, A.K., was permanently incapable of self-support by reason of a mental defect at the time she turned 18 years old. The appeal is granted.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records from private and VA facilities.

The Veteran withdrew his appeal regarding the overpayment of VA compensation benefits, and as a result, the case has been dismissed without prejudice.

The Board denied the Veteran's claim for an effective date earlier than June 26, 2003 for the grant of service connection for multiple myeloma. The August 2000 rating decision was held final as there was no timely notice of disagreement and the next communication from the Veteran was received on June 26, 2003.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Mercy Hospital from March 26, 2007 to March 28, 2007 was denied because the claim was not filed within 90 days after the date of treatment.

The Veteran's unauthorized medical expenses for emergency transportation to the Putnam Community Medical Center on February 6, 2008 are now covered by VA.

The Veteran's death was caused by suicide, and the cause of death has not been shown to be related to service or his service-connected fungus infection of both feet.