Other conditions decisions — 2004

The Board has remanded the case due to missing service medical records and requests for them from the National Personnel Records Center (NPRC). The appellant's claim will be reconsidered after obtaining these records.

The Board has remanded the case due to the need for VA examination and development of evidence, including consideration of the amended regulations.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for multiple joint arthritis and Reiter's syndrome, thus allowing these claims to proceed.

The Board is remanding the case for additional development to ensure compliance with VA's duty to assist and notify the veteran. The issues include reopening a claim for service connection for an eye disorder and increasing the disability rating for lumbar spine strain.

The Board has remanded the case for additional development and review, including obtaining medical records and information about the veteran's service in Vietnam.

The Board found that the veteran had no claims pending with VA at the time of his death, and thus did not meet the criteria for accrued benefits. The appeal is denied.

The Board found that the cause of the veteran's death, metastatic esophageal cancer, was not caused by or related to service or a service-connected disability. The appellant's alternative argument for presumptive exposure to herbicides (Agent Orange) due to his Vietnam Era service was also unsuccessful.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for pulmonary fibrosis claimed to have resulted from VA treatment. The case has been remanded due to incomplete development and notification issues.

The Board found that the appellant had no recognized military service with the United States Armed Forces and therefore was not eligible for VA benefits.

The Board has remanded the case due to conflicting information regarding the decedent's service status. The RO is instructed to verify the decedent's period(s) of military service and ensure all pertinent documents are associated with the claims folder.

The Board found that the appellant had no recognized service for VA benefit purposes and denied his claim for basic eligibility.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because she was not eligible due to turning 26 prior to the effective date of her father's permanent and total disability rating.

The Board found that it was proper to discontinue the veteran's educational assistance benefits effective January 14, 2003.

The veteran's appeal is being remanded for additional development of his medical records and a VA social survey to assess his daily functioning.

The Board has reopened the appellant's claim to establish 'veteran' status for purposes of eligibility for VA benefits due to new evidence submitted. The case is now remanded for further action.

The Board found that the veteran's service-connected thrombophlebitis of the left leg contributed substantially or materially to his death, and granted service connection for the cause of death.

The Board denied the claim for service connection for cause of death due to myocardial infarction, finding that there was no evidence linking the veteran's condition to his active duty service.

The Board denied the veteran's claim for reimbursement of unauthorized dental services received outside VA due to lack of prior authorization and because he was not eligible for VA dental care under any provision at the time.

The veteran's left knee disability, which includes anterior syndrome/patellofemoral syndrome and chondromalacia, is currently rated at 10 percent. The Board denied a higher rating as the symptoms do not warrant an increase in disability.

The veteran died in October 1998, and the appeal is dismissed due to the death of the appellant.