Other conditions Board decisions

The Veteran's claims for increased rating, service connection for PTSD, and special monthly compensation based on need for aid and attendance or housebound status are being remanded to obtain additional VA treatment records and to schedule the Veteran for a VA examination.

The Veteran died in July 2007 due to esophageal cancer. At the time of his death, he was not receiving VA compensation or pension benefits and there was no claim for compensation or pension pending. The Veteran served during wartime but his body was not being held by a state or a political subdivision of a state due to lack of a next of kin and insufficient resources in his estate. Therefore, the criteria for non-service-connected burial benefits were not met.

The Board found that while the Veteran served in Vietnam and was exposed to Agent Orange, there is no evidence linking his cancer of the pharynx directly to service or exposure. The cause of death due to metastatic carcinoma of the pharynx was attributed to the disease itself rather than a service-connected condition.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of her lumbar spine disability and whether she is unemployable due to service-connected disabilities.

The Board has determined that the Veteran's Substantive Appeal regarding the effective date for a total rating based on individual unemployability (TDIU) was not timely filed, and thus denied.

The April 1983 rating decision denied service connection for bilateral chondromalacia patella, finding that the condition existed prior to service and was not aggravated by service.

The Veteran's service-connected dysthymic disorder and OCD were found to not meet the criteria for a higher evaluation, as her symptoms did not include suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, and mild memory loss. The current 10% rating is therefore maintained.

The Veteran's claim for service connection for multiple myeloma was first received on April 24, 2008. The disorder was diagnosed earlier that month and the effective date is denied as it does not meet the criteria for an earlier effective date.

The appellant does not meet the threshold eligibility requirements for the receipt of nonservice-connected pension benefits due to a lack of qualifying wartime service.

The Veteran's death was caused by cardiopulmonary arrest and dysrhythmia - ventricular fibrillation, with no clear indication of diabetes mellitus contributing to his condition.

The Board found that the appellant does not have spina bifida and therefore denied his claim for benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida.

The Veteran's spouse is found eligible for CHAMPVA benefits from March 1, 1996, through June 5, 2001. The appeal regarding the period from June 6, 2001, to November 2009 will be remanded.

The appellant does not have spina bifida, which is the only birth defect that warrants an award of monetary benefits based on the herbicide exposure of a Vietnam veteran who is the father of the child at issue. Therefore, there is no legal entitlement to benefits for a child born with birth defects.

The Board found that there was no in-country Vietnam service and insufficient evidence to support the Veteran's assertion of exposure to Agent Orange. As such, Crohn's disease is not related to active duty or presumed exposure.

The Veteran's initial rating for residuals of a coccyx fracture was granted as 10 percent disabling from February 19, 1991 to December 28, 2008. After that date, the coccygeal pain associated with his service-connected lumbar spine disability is included in the rating assigned for his degenerative disc disease of the lumbar spine.

The Board has determined that the Veteran's amputation of the right ring finger was incurred in service, and thus granted service connection for this condition.

The Board denied the Veteran's claims for service connection for peripheral vascular disease and a respiratory disorder, both of which were determined to not be related to his military service.

The Board has determined that the Veteran's residuals of dental trauma are related to an injury he experienced while on active duty for training (ACDUTRA), and therefore grants service connection.

The Veteran's appeal is being remanded due to the need for a new VA examination and opinion regarding his left foot gunshot wound. The issue of entitlement to an increased rating remains pending.

The Board finds that the Veteran's neurological disorders of the lower extremities are not related to his service or any aspect thereof, including his service-connected diabetes mellitus. As a result, the claim for service connection is denied.