Other conditions Board decisions

The Board denied the veteran's claims of service connection for a skin condition and a respiratory condition, finding that there was no evidence to support these claims.

The Board denied the veteran's claim for an increased rating for transitional cell carcinoma of the bladder, status post resection of the left kidney, ureter, and bladder cuff, finding that his disability is manifested by daytime voiding intervals of one to two hours, nocturnal urination on average of two or three times per night, and urine leakage requiring absorbent materials once daily. The Board concluded that this level of dysfunction warrants a 30 percent rating.

The Board has remanded the case for further development regarding service connection for kyphosis and dextroscoliosis, as well as a claim for an initial compensable rating for pyloric channel ulcers. The veteran's assertions of in-service injury are considered credible.

The Board denied the appellant's claim for VA death benefits, including dependency and indemnity compensation, death pension benefits, or accrued benefits due to her marriage not meeting the requirements of 38 C.F.R. § 3.54(c). The appellant was not married within 15 years after the veteran's discharge from service, did not live with the veteran for one year before his death, and had no children born from their union.

The veteran's treatment and medications prescribed by VA in 1995 and 1996 did not result in any chronic disabilities, including shortness of breath, weakness, drowsiness, heart failure, gastrointestinal problems, or a nervous condition. The Board found no evidence of negligence or fault on the part of VA.

The Board has determined that the veteran's fibrocystic breast disease is service-connected, as it was diagnosed in service and attributed to her military service. The low back disability is not service-connected.

The Board has dismissed the appeal due to the appellant's failure to respond to requests for information essential for the proper adjudication of his claim.

The Board has determined that there is no current disability related to the veteran's in-service nasal septal surgery, and thus service connection for residuals of nasal septal surgery cannot be granted.

The Board denied the veteran's claim for a rating in excess of 20 percent for residuals of a fractured left ulnar styloid on an extraschedular basis.

The Board has determined that the veteran does not currently have disabilities of leg and arm pain, and therefore service connection for these conditions is denied. The claim for a psychiatric disorder was previously denied due to lack of evidence showing an undiagnosed illness or qualifying chronic disability incurred in service. The claim for sinusitis was also previously denied as it preexisted service.

The Board denied an increased rating for the veteran's service-connected right shoulder disability, finding that a higher rating than 20 percent prior to April 10, 2007 and 40 percent thereafter is not warranted.

The veteran seeks reimbursement for medical expenses incurred from October 31, 2003 to November 4, 2003. The Board has determined that the case must be remanded to determine if VA facilities were not feasibly available and an attempt to use them beforehand would not have been reasonable.

The Board denied service connection for right CTS and an increased rating for left CTS, finding that the veteran's right hand condition did not originate in service or for several years thereafter and was not related to his service-connected disorder. The Board also found that the veteran's left upper extremity CTS manifested as mild incomplete paralysis.

The Board has determined that the veteran's current respiratory disability is related to service, specifically exposure to asbestos. Service connection for this condition is granted.

The Board has determined that the effective date for the grant of DIC benefits for the veteran's minor children should be December 1, 1998, based on the appellant filing an informal claim within one year after the veteran's death.

The Board denied the veteran's claim for service connection for right axillary apocrine carcinoma, claimed as breast cancer secondary to exposure to ionizing radiation. The evidence submitted since the previous denial does not relate to an unestablished fact necessary to substantiate the claim.

The Board dismissed the appellant's appeal as she did not file a timely substantive appeal for her burial benefits claim.

The veteran's appeal for a waiver of overpayment in the amount of $4,794.00 was timely filed and his claim is now being considered by the Committee on Waivers and Compromises.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination. The veteran's claim for an increased rating for gastric resection with dumping syndrome is pending.

The veteran's surviving spouse is not related to the appellant, and she does not meet the eligibility criteria for VA death benefits as a child of the deceased veteran.