Other conditions decisions — 2004

The Board found that the cause of death, metastatic squamous cell cancer, was not incurred in or aggravated by military service and is not causally related to a service-connected condition. The veteran's lung cancer, which caused his death, was not shown to be due to Agent Orange exposure.

The Board has granted service connection for right cubital tunnel syndrome and arthritis of both elbows, finding that these conditions are related to the veteran's participation in boxing during his military service.

The veteran's appeal is being remanded due to the need for VCAA compliance and additional examinations related to his service-connected disabilities.

The Board found no evidence to support the veteran's claim that his cardiomyopathy was caused by VA treatment, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that there is a causal connection between the veteran's service-connected degenerative joint disease of the left knee and her current deep venous thrombosis of the left leg, granting service connection for this condition.

The case is being remanded for additional development to ensure compliance with all notice and assistance requirements set forth in the VCAA.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has reopened the veteran's claim of service connection for a skin disability and remanded it for further development, including affording the veteran a VA examination to determine if his current skin disability is related to his time in service.

The veteran's lung disorder is being remanded for further examination and development due to conflicting medical evidence.

The Board has granted service connection for arthritis of the thoracic spine, finding that it is at least as likely as not related to a motor vehicle accident in service.

The VA denied a compensable rating for tympanopathy of the right ear, finding that it does not meet the criteria for a 10% rating due to lack of suppuration or aural polyps.

The appellant seeks an extension of the delimiting date for her Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to her organic brain disorder. The VA needs to obtain relevant medical records and determine if she is entitled to additional time based on her workers' compensation and SSA disability benefits.

The Board denied the veteran's claims for service connection for constipation, right elbow disorder, and left elbow disorder due to a lack of competent medical evidence showing current disabilities.

The veteran's appeal is remanded due to the need for additional development of his VA treatment records and Social Security Administration (SSA) disability benefits records. The issue of entitlement to a disability evaluation in excess of 50 percent for Post Traumatic Stress Disorder will be reconsidered.

The Board has remanded the case due to issues being inextricably intertwined and for further development of evidence.

The Board found that the cause of death was not caused by VA treatment, and thus DIC benefits under 38 U.S.C.A. § 1151 are denied.

The Board has determined that the appellant can be recognized as the veteran's surviving spouse for VA benefits purposes, despite the invalidity of the marriage ceremonies due to a legal impediment. The decision is based on the appellant's lack of knowledge of this impediment and her continuous cohabitation with the veteran.

The veteran's claim for eligibility to receive Chapter 30 educational assistance benefits under 38 U.S.C.A. § 3018C was denied because the $2,700 payment required for eligibility had not been collected by November 25, 2002.

The Board found that the veteran's left elbow disability, diagnosed as chronic olecranon bursitis, was more likely due to resting his elbow on a hard surface rather than using crutches. Therefore, it is not service-connected.

The Board denied the claim for service connection for nasopharyngeal cancer, finding no competent evidence linking the condition to the veteran's active duty service.