Other conditions decisions — 2011

The Board has reopened the previously denied claim of service connection for spondylosis L5 and spondylolisthesis L5 and S1, finding that new and material evidence has been submitted. The Veteran's current low back disability is found to have begun during service and continued since then, meeting the criteria for direct service connection.

The Board has determined that the Veteran's cerebellar gait ataxia is related to his military service and grants entitlement to service connection for this condition.

The veteran's appeal has been dismissed due to his death. No decisions were made on the merits of any claims.

The Board found that new and material evidence had been submitted to reopen the claim of entitlement to recognition as the surviving spouse of the Veteran for purposes of VA benefits. However, it was determined that the Appellant is not entitled to this status due to a separation from the Veteran without fault on her part.

The Veteran is seeking an earlier effective date for the grant of service connection for resection of terminal ileum and right colon. The Board denied this claim, finding that no new evidence was submitted to reopen a previously denied claim in 1948 and 1986.

The Veteran's residuals of left foot fracture are currently rated as 10 percent disabling, and the Board finds that this rating is appropriate given the current level of disability.

The Veteran does not have an additional disability of the bladder resulting from VA treatment in March 2006, and his current condition is attributed to pre-existing medical problems.

The Veteran's death was caused by lung cancer, which is presumed to be due to herbicide exposure during service in Vietnam. The Board grants the claim for service connection for the cause of the Veteran's death.

The appeal is being returned to the RO for scheduling a videoconference hearing in New Orleans, Louisiana due to the appellant's request. The case will be returned to the Board after the hearing.

The Board has determined that the Veteran's claim for reimbursement of a Merchant Mariner Captain's license under the Montgomery GI Bill is denied due to lack of approval by the State approving agency.

The Board has remanded the case due to a determination of eligibility for educational assistance benefits based on the appellant's initial active duty period and term of enlistment. Additional development is required, including obtaining service treatment records and personnel records.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the nature and severity of his lumbar spine disability and whether his postoperative groin abscesses are related to military service.

The Board denied the Veteran's request for a waiver of overpayment due to his failure to file a timely request within 180 days after receiving notice of the overpayment.

The Board determined that new and material evidence has not been presented to reopen the claim for VA nonservice-connected death pension.

The Veteran's claim for a compensable evaluation for genital herpes from April 5, 1989, to August 29, 2002 was denied. The issue of entitlement to a rating in excess of 10 percent for genital herpes from August 30, 2002 is remanded.

The Veteran's claim for basic eligibility for pension benefits was denied because he did not meet the legal requirement of having active service during a period of war.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the proximate cause of his additional disability (residuals from the excision of the left submandibular gland) was not due to VA care, treatment, or examination.

The Board has determined that the Veteran's current eye conditions, including variable visual clarity, decreased visual clarity and sensitivity to lights at night, and dry, irritated eyes, are related to his active duty service. As such, service connection for these residuals of an injury to both eyes is granted.

The Board has ordered the case to be remanded for additional development due to a need to verify service records. The appellant's claim is related to basic eligibility for Department of Veterans' Affairs death benefits, but no specific conditions or exposure basis are mentioned.

The Board has determined that the Veteran's death from glioblastoma was at least as likely as not related to his exposure to chemical warfare agents during his service in the Persian Gulf War, and thus grants service connection for the cause of the Veteran's death.