Other conditions decisions — 2011

The Board has granted service connection for squamous cell carcinoma, actinic keratosis, and a respiratory disorder (alternatively diagnosed as COPD, bronchial asthma, emphysema, and asthma) due to full body exposure to mustard gas during military service.

The Veteran's death was not due to a service-connected disability, and therefore DIC benefits under 38 U.S.C.A. § 1318 are denied.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the severity of his service-connected anemia.

The Board denied the Veteran's claims of service connection for lung tumors and granulomas, as well as his claim for a rating in excess of 30 percent for sinusitis with postoperative residuals and a compensable rating for bilateral hearing loss. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Board of Veterans' Appeals has determined that the character of discharge from active naval service is not a bar to non-service-connected pension benefits.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional medical opinions regarding the cause of his symptoms and whether they are related to VA treatment in December 2001.

The Board has determined that the Veteran's residuals of lacerations of left hand with muscle atrophy are secondary to his service-connected status post-operative severely comminuted distal radius fracture, left, with scar. The Veteran is granted a temporary total evaluation due to treatment for this condition.

The Board found that the cause of death, acute heart failure, was not related to service-connected conditions and denied reopening the claim for service connection.

The Veteran's CVA, status post right vertebral stent, is found to be related to his service-connected type II diabetes mellitus and thus granted as secondary service connection.

The Board found that the Veteran's death was not caused by VA carelessness, negligence, or similar instance of fault. The August 2010 VA physician concluded that the decision to not electively repair the left inguinal hernia was medically reasonable and there was no evidence of fault on the part of VA.

The Board found that the Veteran was not a fugitive felon and therefore compensation should not have been adjusted due to a fugitive felon match. The appeal is denied.

The Veteran's service records indicate she was honorably discharged due to a service-connected stress fracture. She is entitled to only 7 months of Chapter 30 educational assistance, not the full 36 months initially granted.

The Veteran's delimiting date for use of educational benefits under the Montgomery GI Bill (MGIB) was October 1, 2008. The Board found that he is not entitled to an extension of eligibility and denied his request.

The Board denied the Veteran's request to reopen his claim for service connection for arthritis of multiple joints, including the knees, hips, hands, and spine due to lack of new and material evidence.

The Board found the October 2005 Notice of Disagreement timely filed, and thus granted service connection for arteriosclerotic cardiovascular disease.

The Veteran's request for service connection for a bilateral shin disorder is remanded due to his request for a Board hearing.

The Veteran's claim for an increased rate of SMC is being remanded due to the need for further examination and consideration regarding loss of use of both hands, as well as his service-connected disabilities.

The Veteran's claims for a higher rating and service connection were denied. The effective dates for the awards of ratings and service connection were determined to be March 29, 2005.

The Board denied an increased rating for postoperative residuals of bilateral inguinal hernias, currently rated at 10 percent.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of establishing eligibility for VA death pension benefits.