Other conditions decisions — 2003

The appellant's claim for VA pension benefits was denied because his only recognized military service was in recognized guerrilla service from November 1944 to April 1945, which is not qualifying service under the enabling legislation.

The Board denied the appellant's claim as he did not have qualifying service for purposes of entitlement to VA benefits, based on the absence of his name from a roster of recognized guerillas and the National Personnel Records Center's response indicating no valid military service with the United States Armed Forces.

The Board is remanding the case to consider whether new material evidence has been submitted to reopen a claim of whether a 20 percent deduction for pre-existing impairment prior to service should be applied. The appeal will then proceed with consideration of the increased rating issue.

The Board found that the veteran's current right hand disability was not incurred in or aggravated by service, nor is it etiologically related to service.

The veteran's cause of death is determined to be rectal/colon cancer, which may not be presumed to have resulted from radiation exposure in service. Service connection for the cause of death is granted effective March 26, 2002. The appellant remains eligible for DEA as of that date.

The Board found that the cause of death, a ruptured dissecting aortic aneurysm, was not related to any service-connected disability or exposure during service.

The Board has determined that the veteran's restrictive lung disease is service-connected due to exposure to 'chemical agent resistant coating' paint during his tour of duty in the Persian Gulf.

The Board denied the claim for service connection for the cause of the veteran's death, attributing it to acute myelogenous leukemia which is not a disease warranting presumptive service connection due to exposure to Agent Orange.

The case is being remanded for further development, including obtaining a dose assessment from the Department of Defense to determine if the veteran's colon cancer is related to exposure to ionizing radiation in service.

The Board found that the veteran's residuals of a shell fragment wound and compound comminuted fracture of the ilium do not warrant an evaluation higher than 20 percent.

The veteran's right foot disability, including degenerative joint disease and limitation of motion, is rated at 10 percent. The Board also granted service connection for bilateral claw foot deformity with hammertoes as secondary to the service-connected fracture.

The Board found no evidence of a current disability involving low sperm count and concluded that the veteran's service-connected diabetes mellitus is not related to his exposure to herbicides. Therefore, the claim for service connection for a claimed low sperm count as due to herbicide exposure was denied.

The Board denied service connection for dementia due to lack of new and material evidence, but granted a 60% rating for urinary incontinence as a residual of prostate cancer.

The Board of Veterans' Appeals denied the veteran's claim for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $16,447.00.

The Board found that the veteran's current bilateral hip disorder is not related to his service or service-connected right and left knee disorders.

The Board denied the veteran's claim for service connection of a cardiovascular disability, finding that it is not proximately due to or the result of his service-connected left knee condition.

The Board found that the veteran's bilateral vision loss is not due to an in-service injury and therefore denied his claim for service connection.

The VA denied the veteran's claim for service connection for residuals of a back injury, finding that there was no nexus between an inservice back injury and his current disability.

The Board denied the appellant's claims for nonservice-connected death pension benefits and accrued benefits due to lack of legal merit. The veteran did not have a pending claim at the time of his death, nor was he entitled to these benefits under an existing rating or decision.

The veteran's claim for an earlier effective date of October 27, 1997, for a 100% evaluation for panic disorder was granted as of August 12, 1992.