Other conditions Board decisions

The veteran's need for a higher level of care, requiring personal health care services provided on a daily basis in his home by a licensed professional or under the regular supervision of a licensed health care professional, has been established. The veteran is entitled to SMC at the (r)(2) level.

The veteran is seeking an earlier effective date for service connection and a total disability rating for schizoaffective disorder, with the claim being based on whether there was clear and unmistakable error in a prior December 1971 rating decision.

The Board denied the veteran's claim for service connection for the cause of death due to lack of evidence linking his cardiovascular and respiratory conditions to his military service. The appellant is not eligible for nonservice-connected death pension benefits as her husband served in a recognized guerrilla force. There was no indication that accrued benefits were due at the time of the veteran's death.

The Board found that the appellant did not have valid military service and therefore is not eligible for VA disability benefits.

The Board found that the veteran's cause of death, squamous cell carcinoma of the pharynx, was not related to his service and did not find any evidence that it was caused or contributed substantially to his death. The preponderance of the evidence is against the appellant's claim.

The veteran's application for basic eligibility to receive educational assistance benefits under Chapter 30 was denied as he did not meet the criteria of receiving less than $2,000 in tuition costs for each year of his participation in the ROTC scholarship program.

The Board found that the January 1953 rating decision, which assigned a 10 percent evaluation for shell fragment wound residuals of the left thigh, was not the result of clear and unmistakable error (CUE). The veteran's claim seeking to overturn this decision is denied.

The case is being remanded for a videoconference hearing at the RO, as requested by the appellant.

The Board denied the veteran's claim for an initial compensable evaluation for service-connected interstitial fibrosis, finding that the evidence did not support such a rating.

The Board dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains for adjudicating the merits of these claims.

The Board has remanded the case for further development due to a failure to obtain all records associated with the veteran's claim for Social Security Administration (SSA) benefits.

The Board denied the veteran's claim of service connection for squamous cell carcinoma of the oropharynx, finding no evidence of a connection to his military service and rejecting any presumption based on herbicide exposure.

The Board denied the veteran's claims for increased ratings for shell fragment wound residuals of Muscle Group XI injury, left lower extremity and right wrist and hand with ulnar neuropathy.

The veteran's service-connected endometriosis was rated as noncompensably disabling for the period prior to May 3, 2005. For the period beginning on May 3, 2005, it was rated as 10 percent disabling.

The veteran's service-connected varicose veins and recurrent thrombophlebitis of the lower extremities are currently evaluated as 40 percent disabling. The Board finds that these conditions do not warrant a higher rating based on persistent ulceration or board-like edema.

The Board has determined that the veteran's bruxism warranted a noncompensable rating from October 2000 to September 2005, and a 10% rating since October 2005. The decision is mixed as some issues were granted (noncompensable rating) while others remain in dispute (rating in excess of 10%).

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the veteran's lung disorder is related to military service.

The Board denied the claim of service connection for esophageal adenocarcinoma, finding that it was not caused by or related to service, including exposure to Agent Orange. The veteran's death from esophageal cancer was also ruled out as a result of his service-connected malaria.

The Board found that the appellant did not meet the basic eligibility requirements for service-connected disability compensation benefits due to a motor vehicle accident on July [redacted], 1973, as there were no records demonstrating his service status at that time and he does not have any current disabilities related to the incident.

The Board has determined that the veteran's current cervical spine disability, including discogenic disease and spondylosis, is due to an in-service neck injury sustained in a motor vehicle accident. The claim for service connection for residuals of a head injury, to include headaches and memory loss, is remanded for further development.