Other conditions decisions — 2003

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that his causes of death were not incurred in or aggravated by his military service.

The Board has reopened the veteran's claim of entitlement to service connection for traumatic brain disease, previously claimed as head injury trauma. The evidence submitted since the final January 2000 decision relates to an unestablished fact and raises a reasonable possibility of substantiating the claim.

The Board has determined that the appellant did not submit new and material evidence to reopen her claim of entitlement to service connection for cause of death, as there is no evidence of cardiorespiratory arrest due to bleeding with peptic ulcer disease in service or for many years thereafter.

The Board has determined that the veteran's death was not caused by a service-connected disability, and therefore, he is not eligible for service-connected burial benefits.

The Board denied a claim for an effective date of July 2001 for the grant of death pension with aid and attendance (A&A) because no formal claim was filed prior to January 22, 2002.

The Board denied the veteran's claim for a subsistence award in excess of the full-time college student rate pro-rated for specific enrollment periods, finding that he was only entitled to the full-time rate.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded to the RO for specific actions, including obtaining medical records and arranging for a pulmonary examination.

The VA Medical Center denied the appellant's request for reimbursement of medical expenses rendered at a private hospital from November 30, 2001, through December 5, 2001. The decision is based on the service connection theory being 'direct' and no new evidence was provided to reopen the case.

The veteran's claims for increased ratings and assignment of a compensable rating based on multiple noncompensable service connected disabilities were denied.

The veteran's death is attributed to congestive heart failure, but his service-connected spinal injury is considered a contributing cause. The Board requests additional development including medical opinions on the causal relationship between the service-connected condition and the veteran's death.

The veteran died of lung cancer, which was not service-connected. The Board denied DIC benefits as the veteran did not meet the criteria for entitlement under 38 U.S.C.A. § 1318.

The veteran's lung cancer was not related to his active service, including any asbestos exposure.,The cause of the veteran's death (adenocarcinoma of the lung) is not considered service-connected.

The veteran's anal fissure and incontinence are deemed to be a result of the April 2000 VA colonoscopy, which was not reasonably foreseeable. The claim is granted.

The case is remanded for further examination and review of the veteran's claims, including a determination on whether there are additional CVA residuals besides those previously acknowledged.

The Board has determined that the appellant is entitled to be recognized as the surviving spouse of the deceased veteran for the purpose of dependency and indemnity compensation.

The Board has reopened the veteran's claim of service connection for an acquired eye disorder and found that new and material evidence had been submitted. The claim is now considered on its merits.

The Board has determined that the appellant's deceased husband had no valid military service in the U.S. Armed Forces, which would establish her eligibility to receive VA death benefits as the widow of a 'veteran'. As a result, the appeal is denied.

The Board has granted service connection for cerebellar medulloblastoma for the purpose of accrued benefits based on evidence showing it was present within one year of separation from service.

The Board denied the veteran's claims for service connection for polyneuritis/polymyositis and metabolic myopathy, finding no new and material evidence to reopen the former claim of service connection for polyneuritis/polymyositis. The Board also found that there was insufficient evidence linking the claimed conditions to service or herbicide exposure.

The Board has determined that the effective date for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for residuals of a pneumonectomy cannot be earlier than April 15, 1992.