Other conditions Board decisions

The Board has determined that the veteran's service-connected malaria does not currently have active symptoms or residuals, and thus cannot be rated as a compensable disability. The claim for an increased evaluation is denied.

The Board denied the veteran's claim for an earlier effective date for Dependents' Education Assistance (DEA) benefits, finding that the appellant did not file a formal or informal claim prior to September 23, 2005. The decision stated that payment of Chapter 35 benefits is prohibited earlier than one year before receipt of the claim.

The Board has determined that the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim for compensation under 38 U.S.C.A. § 1151 and thus, the veteran's application to reopen the claim is denied.

The Board finds that the veteran's cause of death, adenocarcinoma of the lung, was incurred in his active duty service due to presumed exposure to herbicides during his Vietnam service. As a result, the appeal is granted.

The Board denied the veteran's claim for service connection for a left upper arm and elbow injury secondary to his service-connected bilateral hallux valgus with degenerative arthritis, finding no new and material evidence to reopen the claim.

The Board denied the veteran's claims of service connection for a chronic right ear disorder, as well as his requests for increased ratings for tinea pubis and tinea cruris, left toe corn, and bilateral otitis externa. The preponderance of evidence did not support these claims.

The veteran's status post concussion with residual torticollis is currently rated at 20 percent, which includes diminished pinprick sensation on the left side. The rating takes into account limitation of cervical spine flexion to 25 degrees and a separate evaluation for reflex sympathetic dystrophy.

The veteran's appeal is being remanded for additional development, including scheduling a videoconference hearing before a Veterans Law Judge.

The Board finds that the veteran's current eye conditions are not related to his military service, and thus denies his claim for service connection.

The Board has determined that the veteran does not have a diagnosed condition of cold injury residuals and therefore, service connection for this condition is denied.

The Board found that the veteran's pernicious anemia was not incurred in service or due to herbicide exposure, and is not related to his service-connected diabetes mellitus. Therefore, service connection for pernicious anemia is denied.

The Board denied the veteran's claims for service connection for duodenal ulcers and secondary service connection for scars status post parietal cell vagotomy, finding that new evidence did not relate to the original denial of service connection.

The Board has determined that the appellant's discharge from service was under dishonorable conditions, thus constituting a bar to VA monetary benefits.

The Board found no evidence of a nexus between the veteran's current eye disability and his service, nor did it find any aggravation by his service-connected diabetes mellitus. The claim for service connection was denied.

The Board found that the VA properly calculated the appellant's countable income effective January 1, 2005 in determining eligibility for improved death pension benefits. The appellant's income exceeded the maximum annual income for death pension benefits.

The veteran's appeal for service connection for post-traumatic stress disorder (PTSD) is being remanded due to the need for a Travel Board hearing.

The Board has remanded the case for additional development, including a VA examination to determine if the veteran's osteomyelitis was aggravated by service. The claim of service connection will be adjudicated again after this development.

The Board has granted a disability rating of 30 percent for the veteran's scar residuals from necrotizing fasciitis, left lower extremity, which exceeds the minimum area required for that rating.

The veteran is seeking service connection for sleep disturbance/fatigue, which he claims is related to his service-connected bilateral hip arthritis, bilateral knee arthritis and left shoulder rotator cuff tear. The Board has determined that a remand is necessary to determine the nature and etiology of the claimed disability.

The Board has remanded the case for additional development, including obtaining private treatment records and a medical opinion regarding the veteran's employability due to his mood disorder.