Other conditions Board decisions

The Board found that the reduction in rating from 10 percent to 0 percent for service-connected symptoms of chest pain with irregular EKG and shortness of breath was proper, as these conditions did not meet the criteria for a compensable disability rating.

The Board found no evidence of scoliosis during service or post-service, and there is no competent medical opinion linking the current diagnosis to service. Therefore, the claim for service connection for scoliosis was denied.

The veteran is not currently eligible for enrollment in VA's healthcare system due to his lack of service-connected disabilities and other qualifying factors.

The veteran died in December 1997 and was buried in the same month. The appellant filed a claim for burial benefits over eight years later, which is not timely under VA regulations. Therefore, no burial allowance can be paid.

The VA determined that the veteran's current respiratory disability did not begin during service and is not related to any incident of service, including asbestos exposure.

The Board found that the appellant did not receive a statement of the case regarding her claim for service connection for cause of death, and thus the November 2001 rating decision is not final. The matter is remanded to issue a new statement of the case.

The Board has determined that the appellant did not submit new and material evidence to reopen her request for revocation of VA benefits, as all submitted evidence was cumulative or redundant.

The Board has remanded the case for further development, including obtaining a medical opinion from an oncologist to determine if the cause of the veteran's death was related to his military service, specifically exposure to herbicide agents. The DIC benefits claim is also inextricably intertwined with the cause of death issue and will be considered at this time.

The VA Board found that the veteran's service-connected residuals of a fractured right humerus do not warrant a rating in excess of 10 percent.

The Board has determined that the veteran's current left foot disability is not related to his service, and thus denied his claim for service connection.

The Board has denied the veteran's claim for service connection for a dental disorder, including for purposes of obtaining VA outpatient dental treatment. The evidence does not support the claim as it is determined that the current periodontal disease is not related to in-service trauma.

The Board has ordered a VA examination to determine the etiology of the veteran's foot conditions and whether they are related to his military service.

The VA determined that the veteran's anal stricture, secondary to hemorrhoidectomy with fecal incontinence, warrants a 30 percent disability rating and not higher.

The veteran's daughter, M.R.O., is recognized as a 'helpless child' due to permanent incapacity for self-support prior to her 18th birthday. The condition existed before she turned 18 and was related to mental retardation, ADHD, mathematics disorder, and borderline intellectual functioning.

The Board has remanded the case due to insufficient evidence regarding the service connection for naso-pharyngeal carcinoma, which is presumed to be linked to exposure to herbicides during service in Vietnam.

The veteran's appeal is being remanded due to the need for additional records from Social Security Administration.

The Board has determined that the veteran's income exceeded the maximum applicable statutory level for eligibility for pension benefits from June 2005, and thus denied his claim for payment of nonservice-connected pension.

The veteran's income exceeded the maximum annual rate for non-service-connected pension benefits, as established by VA regulations. Therefore, he is ineligible for such benefits beginning March 1, 2003.

The Board denied the appellant's claim for an earlier effective date for the award of service connection for the cause of her husband's death, finding that the earliest possible effective date is October 7, 2004, when a new regulation included stroke as a presumptive condition for former POWs.

The Board has denied the appellant's claim for DIC benefits based on service connection for the cause of the veteran's death due to excessive income.