Other conditions decisions — 2003

The veteran's appeal is being remanded for further development due to the need for VCAA compliance and a VA examination.

The Board has remanded the case due to the need for a VA examination and additional development of evidence, including obtaining medical records and conducting an exposure assessment.

The veteran's claim for service connection for dysthymia (claimed as mental stress and chronic depression) is being remanded due to the need for additional development, including compliance with VCAA requirements.

The Board has granted service connection for the veteran's carcinoma of the rectum and sigmoid colon, status-post resection and permanent colostomy on a radiation-presumptive basis due to exposure during military service.

The veteran's widow appeals for service connection for the cause of her husband's death, which was caused by Acute Myelogenous Leukemia. The appeal is remanded due to insufficient evidence linking the leukemia to service.

The veteran is seeking an increased evaluation for his service-connected right hand disability, but the case has been remanded due to the need for further medical examination and development of records.

The Board has reopened the appellant's claim for nonservice-connected pension benefits due to new and material evidence. However, the appellant does not meet the threshold service eligibility requirements as his active duty was only from January 1961 to July 1961, which is insufficient for basic eligibility.

The VA determined that the veteran's postoperative sebaceous cyst on his right neck does not meet the criteria for a compensable evaluation.

The Board determined that the appellant did not have valid military service to qualify for VA benefits, and thus denied their claim.

The Board is remanding the case to gather additional evidence and review by a VA neurologist, including service records and post-service clinical assessments. The appellant must provide any relevant medical records she has.

The Board has determined that the veteran's colon cancer was not incurred or aggravated during service and is not related to his asbestos exposure. As a result, the claim for service connection for colon cancer is denied.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she did not live with the veteran in the last several years of his life and there was no evidence indicating fault on the part of the veteran.

The Board found no evidence of a current left foot disability and concluded that the veteran's service connection claim for residuals of a left foot injury is denied.

The veteran's request for reimbursement of a $237.00 test fee for a Series 6 SEC Investment Company Products/Variable Contracts Representative examination was denied because the test was not approved by VA, and the RO must now remand the case to determine if the test meets the requirements for reimbursement under Chapter 30 educational assistance benefits.

The Board found that the cause of death, bronchopneumonia due to respiratory tract infection, decubitus ulcer and post-stroke with hemiparesis, was not related to service or a service-connected disability. The appellant's claim for accrued benefits was denied as it was filed outside the one-year period.

The veteran's application for tuition assistance under Chapter 30, Title 38, United States Code was timely filed and approved.

The Board determined that the veteran's granddaughter could not be recognized as his dependent child for purposes of payment of additional VA benefits due to lack of legal adoption.

The veteran's appeal is about increasing his evaluation for a service-connected fracture of the right leg. The RO has granted service connection and initially assigned a 10% rating, which was later increased to 30%. However, the current VA examination is inadequate for rating purposes due to the veteran's complaints.

The Board found no current diagnosed pancreas or other organs condition and thus denied the veteran's claims for service connection.

The veteran seeks service connection for squamous cell carcinoma of the head and neck, which he contends to be related to his exposure to herbicides during his period of service in Vietnam. The RO should assist the veteran in obtaining an examination report from March 2002 and associate it with the claims file.