Other conditions decisions — 2003

The veteran seeks service connection for a prostate disability, which he claims first arose during his military service. The VA is required to obtain and review any missing service medical records and ensure that all relevant treatment records are obtained. A VA examination is needed to determine the nature and etiology of any current prostate disability.

The Board denied the appellant's claim for an earlier effective date for payment of death pension, finding that no document prior to June 13, 2002 could be interpreted as a claim for VA death benefits. The veteran died on March [redacted], 2002, and the claim was received by the appellant on June 13, 2002.

The Board found that the cause of death, congestive heart failure, did not have its onset in service or was related to the veteran's period of service in the 1940s, including his internment as a POW. Therefore, service connection for the cause of death is denied.

The Board denied the appellant's claim for basic eligibility for VA compensation benefits, finding that new and material evidence had not been submitted to reopen his previous claims.

The Board denied the claimant's eligibility for VA compensation benefits as there was no recognized service with the US Armed Forces, and new evidence did not meet the criteria to reopen the case.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a left varicocele, which was previously denied in May 1945. As such, the claim is now reopened.

The Board denied the veteran's claim for waiver of recovery of a VA loan guaranty indebtedness due to his actions constituting bad faith, which precluded consideration of the debt.

The Board found that the veteran's left upper extremity disability, which was previously rated at 30 percent, should be rated at 40 percent due to a change in how handedness was determined. The decision is based on clear and unmistakable error (CUE).

The Board denied the veteran's claim for service connection for a nervous disorder, concluding that the pre-existing condition manifested during service was not aggravated by service and thus not service-connected.

The veteran's claim for an increased rating for residuals of shrapnel wound to the head with post-traumatic cerebral syndrome is being remanded due to the need for additional VA examinations and development of his claims folder.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for obtaining medical records and any relevant employment compensation records.

The Board denied service connection for a skin disorder, left foot injury, right thumb injury, and PTSD. The veteran's claims were based on presumed exposure to herbicide agents (Agent Orange), but the evidence did not support a finding of a current disability related to these conditions.

The VA has determined that the veteran's service-connected residuals of a severed left Achilles tendon do not warrant an evaluation greater than 20 percent.

The Board denied the veteran's claim for an increased rating for post-operative residuals of a left deviated septum due to his failure to report for scheduled VA examinations, and thus concluded that he was not entitled to a compensable evaluation under any applicable diagnostic code.

The Board denied service connection for the cause of the veteran's death and denied entitlement to Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The Board denied the veteran's claim for a rating in excess of 10 percent for his service-connected cranial neuralgia.

The Board denied the appellant's claim to reopen her late spouse's forfeiture, finding no new and material evidence was submitted.

The Board has ordered further development in the veteran's case, including obtaining medical records and arranging for examinations to determine if the veteran's conditions are related to his military service.

The Board has remanded the case due to uncertainty regarding whether the veteran suffered a myocardial infarction during inactive duty for training, and requests additional medical opinion and VCAA notification.

The Board found that the appellant did not have recognized service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces. As a result, the appellant's claim for VA benefits based on claimed service was denied.