Other conditions Board decisions

The veteran's appeal is being remanded due to a scheduling conflict for his hearing. The issue of entitlement to a compensable evaluation for pterygium, right eye remains on hold.

The Board finds that the veteran and appellant continuously cohabited since June 1999 to the date of the veteran's death, thus granting the appellant recognition as the surviving spouse for VA benefits.

The VA denied a higher rating for the veteran's lung condition, finding that his current respiratory impairment is not more than 15% related to his service-connected lung disorder.

The Board found that the veteran's current left shoulder condition was not caused by VA negligence or carelessness, and thus compensation under 38 U.S.C.A. § 1151 for a humerous fracture, post operative, left is denied.,Similarly, the Board determined that the left hand condition due to left shoulder surgery did not result from VA negligence or carelessness, leading to denial of compensation under 38 U.S.C.A. § 1151.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran for VA death benefits purposes due to her divorce from the veteran at the time of his death.

The Board has determined that the veteran's service-connected residuals of a marked fracture of the second metatarsal of the left foot do not meet the criteria for a compensable disability rating under the applicable diagnostic codes.

The Board found that the veteran's mild left ventricular hypertrophy with diastolic dysfunction did not manifest during service or within one year thereafter and has not been shown to be causally related to his military service, including his service-connected pneumonia.

The Board has determined that there is a causal relationship between the veteran's in-service head injury and his current brain injury, granting service connection for this condition.

Service connection for a respiratory condition, claimed as nasal congestion and breathing problems was granted effective April 21, 2004.,Service connection for nephrolithiasis was also granted effective April 21, 2004.

The Board has determined that a remand is required to determine if the veteran's thrombophlebitis is related to his period of active duty, and to obtain any necessary medical records.

The veteran is seeking an extension of a temporary 100 percent evaluation for his right eye disability, but the RO denied this request. The case has been remanded to the Regional Office (RO) for further action.

The Board found no evidence of a bayonet injury in service and concluded that the veteran's cause of death, asphyxiation, was not related to service. As such, the claim for service connection for the cause of death is denied.

The Board has granted a 100 percent evaluation for the veteran's varicose veins, which renders moot his claim for a total disability rating based on individual unemployability.

The Board denied the appellant's claims for accrued benefits and an earlier effective date prior to February 27, 1996, for the grant of service connection for the cause of the veteran's death.

The Board found that the veteran was actually employed and earning a substantial income, which met the criteria for discontinuing his Total Disability Rating based on Individual Unemployability (TDIU). The TDIU benefits were discontinued effective September 1, 2005.

The Board has determined that a specialist's opinion is necessary to determine if the veteran has a chronic bilateral hand disability related to his military service.

The veteran is seeking service connection for colon cancer. The case has been remanded due to incomplete information and the need for additional VCAA notice.

The Board denied service connection for residuals of the right great toe contusion and secondary service connection for degenerative joint disease of the left hip, finding that there was no evidence to support a current disability related to service.

The Board dismissed the appeal because the appellant died during the pendency of the appeal.

The Board has determined that an effective date prior to December 6, 2001 for the award of service connection for residuals of laryngeal trauma with upper airway obstruction is denied.