Other conditions decisions — 2011

The Board has remanded the case due to a lack of an opinion regarding whether the Veteran's gouty arthritis was caused or aggravated by his service-connected impetigo of the feet. The claim is now pending for further development.

The Board has determined that the Veteran's bilateral foot disorder is not related to service or a service-connected condition, and therefore denied his claim for service connection.

The Board has denied the Veteran's claims for service connection for prostate and nervous system disorders, as new and material evidence was not received to reopen these previously denied claims. The Board also found that there is no evidence of a current diagnosis or in-service incurrence of disorders of the bilateral lower extremities, upper extremities, shoulders, or back.

The Board denied service connection for malignant astrocytoma and the cause of death due to malignant astrocytoma, finding that there was no evidence linking these conditions to service.

The Board has remanded the case for additional development due to insufficient development in a previous remand. The Veteran's claim of service connection for loss of teeth is being reviewed.

The Veteran's claim for service connection for a respiratory disorder, including as secondary to an undiagnosed illness is being remanded due to conflicting medical opinions and the need for additional development.

The Board has remanded the Veteran's claim for a gynecological disorder due to her military service, including an elective tubal ligation and hysterectomy. The case is being returned for further development and consideration.

The Veteran died from arteriosclerotic cardiovascular disease, a disability for which service connection had not been established. The appeal is denied as there was no legal basis to award the benefit.

The Veteran's claims for increased disability evaluation and TDIU are being remanded due to the need for additional medical records, an adequate VA examination, and consideration of the inextricably intertwined issues.

The Veteran's sleep disorder is reasonably related to service and has been established as a current disability. The Board finds the Veteran's testimony credible regarding his continuous symptoms since service, establishing continuity of symptomatology.

The Board finds that there is no evidence of current disability related to the in-service incident, and thus service connection for a neurologic disability cannot be established.

The Veteran's claim for a nonservice-connected pension, for accrued benefits purposes, was denied as he did not have an unadjudicated claim at the time of his death and was not entitled to any additional compensation after September 30, 2006.

The Board found that the appellant is not legally entitled to VA death benefits as she does not meet the legal definition of a child for purposes of receiving such benefits.

The Board has determined that the Appellant is not eligible to be recognized as the Veteran's surviving spouse for VA benefits due to her legal divorce from the Veteran at the time of his death.

The Veteran has withdrawn his appeal for an initial compensable rating for service-connected residuals of status-post fracture of the right hand, and thus the appeal is dismissed.

The Board found no evidence of service connection for aortic stenosis and denied the claim based on direct service connection. The temporary total rating was also denied.

The Board found that the overpayment of $22,679.87 was solely due to VA administrative error and thus not properly created, resulting in a denial of the debt.

The Board has granted the appellant's claim for a plot or interment allowance, but denied the claim for VA burial benefits. The Veteran died in September 2008 and was not receiving any VA compensation or pension benefits at the time of his death.

The Veteran's claim for special monthly pension and the effective date of eligibility for nonservice-connected pension benefits are being denied due to his income exceeding the maximum annual limit set by law.

The Veteran's appeal for service connection for left patellofemoral pain syndrome with patellar tendinitis and IT band syndrome was granted. The other issues were not addressed due to the withdrawal of one issue.