Other conditions decisions — 2004

The veteran is seeking service connection for a chronic bilateral hip disorder, which he claims is related to his service-connected left foot and low back disabilities. The case has been remanded due to procedural deficiencies in the VCAA notice and examination.

The Board denied the veteran's appeal for an increase in the apportionment of his VA disability compensation benefits on behalf of his minor daughter, finding that there was no financial need and that he is reasonably discharging his responsibility for her support.

The Board denied the veteran's claims for service connection for disability associated with exposure to radar/ionizing radiation, a skin disability, pigmentation spots, and myelitis. The Board found no evidence linking these conditions to service or inservice exposures.

The Board denied the veteran's claim for service connection for a prostate disorder as a result of exposure to Agent Orange, finding that there was no evidence linking his current condition to his active duty service.

The Board found that the veteran's death was not caused by any service-connected disability and denied the claim for service connection for the cause of his death.

The Board found that the veteran does not meet the criteria for special monthly pension based on need for regular aid and attendance of another person due to his service-connected disabilities, which are all non-compensable. The veteran's nonservice-connected conditions include atherosclerotic heart disease with status post myocardial infarction, valvular heart disease with aortic stenosis, angina pectoris, coronary artery disease, diabetes mellitus, cerebrovascular accident due to carotid artery stenosis and thrombosis, cervical spondylosis, and degenerative joint disease. The Board determined that the veteran is not in need of regular aid and attendance.

The Board denied the claim of service connection for the cause of the veteran's death, finding no evidence to support a relationship between his military service and his death.

The Board has determined that the appellant may be recognized as the surviving spouse of the veteran for purposes of VA benefits, based on continuous cohabitation from the date of marriage to the date of death.

The veteran seeks service connection for a chronic right hip disorder. The Board is requesting additional evidence to determine the origin and etiology of his current right hip pathology, including whether it was aggravated by his service-connected lumbar disc disease.

The Board has received notification that the appellant wishes to withdraw their appeal, and thus the appeal is dismissed.

The Board denied the appellant's claim for service connection for a disability manifested by a heart murmur and chest pain, including neurasthenia. The Board found that her preexisting chest pains did not increase in severity during active duty for training and concluded that she did not have a disease or injury of the heart incurred in service.

The veteran is seeking service connection for a herniated nucleus pulposus L5-S1. The Board has determined that additional development is necessary due to the destruction of his service medical records.

The Board denied the claim for service connection for the cause of the veteran's death, finding that new and material evidence had not been submitted. The Court affirmed this decision.

The Board denied the appellant's claim for basic eligibility to VA benefits due to her late husband not having qualifying service as a veteran.

The Board denied the appellant's claim for non-service-connected pension benefits as he did not have active service during a period of war.

The Board denied the veteran's request for a waiver of recovery of overpayments in amounts of $5,496 and $2,842 due to untimely submission of requests.

The Board denied the appellant's claim for basic eligibility for VA pension benefits based on service with the Philippine Scouts, finding that he did not meet the legal definition of a veteran as per 38 U.S.C.A. § 101(2) and 38 C.F.R. § 3.1(d).

The Board has determined that the veteran's death was caused by congestive heart failure, which is service-connected due to his prior diagnosis of syphilis during service. The appellant is also granted Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code.

The Board has decided to remand the case for additional development due to incomplete service medical records and a need to obtain more information from the veteran.

The VA determined that the veteran's service-connected gunshot wound to the left lower leg, muscle group XI, does not warrant a rating higher than 10 percent.