Other conditions decisions — 2004

The veteran's claims for service connection are being remanded due to the need to obtain additional medical records and ensure all VCAA notice and duty-to-assist obligations have been satisfied.

The Board has remanded the case due to incomplete information and need for further examination.

The Board denied the appellant's claim for basic eligibility to Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to the appellant not meeting the legal requirements based on his age at the time of his father's permanent and total disability rating.

The Board has decided to remand the case for additional development, including obtaining service medical records and a VA oncologist's opinion on the cause of the veteran's cancer.

The Board has reopened the appellant's claim for service connection for narcolepsy and found that new evidence supports a current diagnosis of narcolepsy dating back to active military service. The Board is granting service connection based on this new evidence.

The Board finds that the appellant does not have current residuals of SFWs of the back or left hand, and there is no relationship between his cardiovascular disease, COPD, or dental disability and service-connected malaria.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA purposes due to a legal impediment and lack of knowledge regarding the validity of their marriage.

The veteran's skin disorder is being remanded for additional development, including obtaining records from the United States Naval Hospital in Long Beach, California. The case will be reviewed again to determine if service connection can be granted.

The Board denied service connection for idiopathic asceptic necrosis of the hips with bilateral hip replacement, finding no probative medical evidence linking the condition to service or any incident thereof.

The Board denied the appellant's request to reopen her claim for nonservice-connected death pension benefits, finding that no new and material evidence had been presented. The decision is based on the appellant's husband having served with the Philippine Scouts from August 1946 to May 1949, which does not qualify him for VA pension benefits.

The Board found that the August 1968 rating decision, which granted service connection for a missile wound of the right forearm and fracture of the right ulna involving muscle group VIII, was not clearly and unmistakably erroneous. The veteran's disability is rated at 30 percent.

The Board denied service connection for the cause of the veteran's death and eligibility for non-service connected pension benefits due to lack of evidence linking any current disability, including bronchiectasis, to service.

The Board determined that VA is authorized to recoup the full amount of separation pay, which was $38,715.74 after taxes.

The Board found that the veteran's residuals of a left index finger injury do not warrant an evaluation in excess of 10 percent.

The Board has remanded the case due to a failure to provide proper VCAA notice and for further development.

The veteran's colon cancer due to ionizing radiation exposure is currently rated at 10 percent, and the appeal for an increased rating has been granted.

The Board has determined that the veteran's hypertension, which was manifested within a year of his discharge from service and resulted in heart disease, contributed to his death. Therefore, service connection for the cause of death is granted.

The Board previously denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to additional lung disability resulting from treatment at a VA facility from January 1999. The case is now being remanded for further development and readjudication.

The VA denied the veteran's claims for an increased rating for his service-connected incomplete auriculoventricular (AV) block and SMC based on need for regular aid and attendance or at the housebound rate.

The Board has determined that the veteran's diffuse degenerative spondylosis of the thoracic spine with minimal compression deformities of the mid-thoracic vertebral bodies warrants an initial evaluation of 20 percent.