Other conditions decisions — 2001

The Board found that the cause of the veteran's death was not due to a service-connected disability or one for which service connection should have been established at the time of his death.

The appellant's claim is denied as he does not meet the basic service eligibility requirements for VA benefits.

The veteran's minor children were recognized as his dependents effective August 3, 1999, for the award of additional VA disability pension benefits.

The VA determined that the veteran's additional disability was not caused by carelessness, negligence, or similar fault on the part of VA. The Board agreed with this determination.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim of service connection for a sinus disability. The veteran was previously denied service connection in October 1998, but with the submission of additional evidence indicating chronic sinusitis and possible exposure during service, the claim is now reopened.

The veteran's cause of death was cancer of the pancreas, which developed after service and is not related to any incident of service. The veteran did not have a service-connected disability rated as totally disabling at the time of his death. Therefore, entitlement to service connection for the cause of death and dependency and indemnity compensation under 38 U.S.C.A. § 1318 are denied.

The Board has granted a compensable rating of 10 percent for the veteran's residuals of a right mandible fracture, and denied an evaluation in excess of 30 percent for his right nephrectomy.

The Board dismissed the appeal for Dependents' Educational Assistance benefits under 38 U.S.C. Chapter 35 because no timely Substantive Appeal was filed.

The Board has reopened the veteran's claim of service connection for acquired foot disability and found that new evidence had been submitted. The examiner concluded that the pre-existing bilateral corns and calluses were likely due to a congenital imbalance in the feet, not aggravated by active service. Therefore, the condition is considered to have existed prior to service.

The appellant's service as a New Philippine Scout member is not considered active military service for purposes of VA nonservice-connected pension benefits.

The Board denied the appellant's claim for nonservice-connected death pension benefits as her husband did not have qualifying service to be considered a veteran.

The Board has granted service connection for the post-operative residuals of colorectal cancer in a previous decision, and this appeal is dismissed as moot.

The RO denied an increased evaluation for the veteran's gunshot injury to muscle group VI of the right arm, finding that no clear and unmistakable error was found in a previous reduction of the rating.

The Board has determined that the appellant did not file a timely substantive appeal regarding her claim for survivors' and dependents' educational assistance under 38 U.S.C.A. Chapter 35, resulting in the denial of this issue.

The Board has remanded the case for additional development of the record, including obtaining service medical records and conducting VA examinations to determine the nature and etiology of any disability manifested by chest pains and the current symptoms of the residuals of a cholecystectomy.

The Board has determined that the veteran's anesthesia, sensory loss, and hypesthesia of the lateral aspects of the right thigh were not incurred in or aggravated by active service.

The VA denied an increased rating for the veteran's service-connected right shoulder disability, finding that the current 20% rating adequately reflects his functional limitations.

The Board has denied the veteran's claim for service connection for a skin disorder, finding that there is no direct evidence linking his current condition to his military service.

The veteran's service-connected fracture of the right femoral neck with right femoral cutaneous nerve involvement is manifested by nonunion of the right femoral neck, and he is granted a 60 percent disability evaluation.

The Board has granted service connection for the veteran's disability manifested by drainage and dryness associated with his left eye removal, finding that this condition is directly related to his service-connected enucleation of the left eye.