Other conditions Board decisions

The Board has determined that the appellant is a child of the veteran for DIC eligibility purposes, resolving reasonable doubt in her favor.

The Board found that the veteran's rib disability does not meet the criteria for a higher rating than 10 percent, and his lung disability is not related to service-connected conditions. The effective date will be assigned if his claims are granted in the future.

The Board found that the veteran's CAD and GAD with dysthymia were not incurred or aggravated by service, nor are they proximately due to his service-connected diabetes mellitus. Therefore, service connection for these conditions is denied.

The veteran is seeking compensation under 38 U.S.C.A. � 1151 for necrotic bone graft infection and residuals, status post bilateral sagittal split osteotomies of the mandible, due to VA medical treatment in June and July 1994. The case is being remanded for further examination and adjudication.

The veteran died and was buried in October 2003. The funeral home provided burial services, but had an unpaid balance of $983.73. The appellant filed a claim for reimbursement from VA, which paid the funeral home $600 as per the applicable law.

The Board found that the veteran's debt to the government for overpayment of pension benefits was validly and properly created, but determined that recovery would not be against equity and good conscience.

The Board has determined that the appellant's claims for service connection for the cause of the veteran's death, DIC under 38 U.S.C.A. § 1318, and Dependent's Educational Assistance under Chapter 35 have been denied due to lack of new and material evidence.

The veteran's decreased visual acuity is due to refractive error and not related to service. The claim for service connection for decreased visual acuity is granted.

The Board found that the veteran's cause of death was not service-connected due to lack of evidence showing a primary cancer site in his lungs, and thus denied the claim for service connection for the cause of death. The other issues were also denied.

The Board has reopened the veteran's claim for service connection for bilateral foot calluses due to new evidence presented since the previous denial. The case is now remanded for further examination and adjudication.

The veteran's appeal is being remanded for scheduling a personal hearing via videoconference at the local office.

The Board found no evidence of loss of use of both feet and denied the veteran's claims for service connection and adaptive equipment.

The veteran's cancer of the left pharyngeal tonsil was not shown to be related to his military service, including exposure to herbicides. The Board found that there is no evidence linking the condition to service or any presumptive conditions associated with Agent Orange exposure.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to a lack of entitlement under the law, as she did not have verified wartime service during her periods of active duty.

The veteran's claim for service connection for a chronic respiratory disorder is being remanded due to the need for additional evidence and an examination.

The Board denied the veteran's claims for increased evaluations for pleural effusion and diverticulosis, finding that neither condition warranted a rating in excess of the currently assigned 10 percent evaluations.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 due to a perforation of the duodenum at a VA medical facility in March 2006 is being remanded for additional development.

The Board has determined that the appellant was not permanently incapable of self-support prior to her 18th birthday, and therefore does not meet the criteria for recognition as a helpless child of a veteran.

The Board found that the veteran's post-operative right tibial tubercle, Osgood-Schlatter's disease has been manifested primarily by impairment of the tibia and fibula reflecting moderate knee disability. The criteria for a higher rating were not met.

The Board has denied the veteran's claim for service connection for a right eye disorder as secondary to his service-connected migraine headaches, finding no competent medical evidence of such a condition.