Other conditions decisions — 2004

The Board dismissed the appeal due to the appellant requesting withdrawal of their appeal prior to a decision being made.

The Board denied the veteran's claims for service connection for peptic ulcer, malnutrition, residuals of a shell fragment wound of the right back, malaria, dysentery, influenza, and paralysis. The evidence received since the previous denials was not new and material to reopen any of these claims.

The Board has determined that the veteran's joint pain and fatigue are due to an undiagnosed illness related to his service in the Persian Gulf War, warranting service connection.

The veteran's claim for an evaluation in excess of 50 percent for residuals of traumatic encephalopathy is being remanded due to the need for additional medical records and examinations.

The Board has determined that the appellant's deceased spouse did not have qualifying service with the Regular Philippine Scouts, and therefore does not meet the requirements for basic eligibility for VA non-service-connected death pension benefits.

The Board denied the appellant's claim for VA benefits due to a lack of qualifying service in the United States Armed Forces, as determined by the National Personnel Records Center.

The Board denied the appellant's claim for an effective date prior to March 13, 2002 for payment of Dependents Educational Assistance (DEA) benefits. The decision was based on the fact that the appellant did not file a claim within one year of the December 29, 2000 rating decision.

The Board denied the appellant's claim as her spouse did not have verified active military service with the U.S. Armed Forces, and therefore was not eligible for VA benefits.

The Board has remanded the case due to insufficient notice and assistance provided by the RO, as well as an inadequate review of the claim file by a VA examiner. The appellant's claim for service connection for the cause of her husband's death is being reviewed again with additional development.

The Board has decided to remand the case for additional development, including obtaining tissue slides from a previous biopsy of glioblastoma. The appellant's claim is based on potential exposure to herbicides in Vietnam and seeks service connection for the cause of her husband's death.

The veteran's claims for increased ratings on his service-connected disabilities have been denied. The Board found that the evidence did not meet the criteria for higher evaluations under the applicable rating schedule.

The Board denied the veteran's claim for service connection for a skin disorder, finding no evidence of such condition during or within one year after his active service. The VA Agent Orange protocol also found no evidence linking the veteran's current skin condition to exposure to herbicides. As a result, the claim was not granted.

The Board finds that the veteran's external carotid system aneurysm affecting the left ear, face, and neck is service-connected as it likely began during his military service due to injury.

The veteran's claim for service connection for avascular necrosis of the left hip and anal fistula is being remanded due to incomplete medical records. The RO must attempt to obtain his service medical records and any relevant post-service treatment records.

The veteran's claims for service connection for squamous cell carcinoma of the forehead, right ear and upper chest, and basal cell carcinoma of the left jaw are being remanded due to new methodology for radiation dose estimates.

The Board found that the veteran's fatal pancreatic cancer, which developed many years after service, was not caused by any service-connected condition and did not substantially or materially contribute to his death. Therefore, service connection for the cause of his death is denied.

The Board has granted service connection for a low back disorder, including spina bifida and spondylolysis, finding that the veteran's symptoms are due to injuries sustained during his military service.

The Board found that the veteran's right knee tear of the medial meniscus and degenerative changes in the lateral meniscus do not meet the criteria for a compensable evaluation.

The Board found that the appellant did not file a timely substantive appeal regarding the denial of service connection for the cause of the veteran's death, and thus dismissed her appeal.

The Board denied the veteran's claim of service connection for left ventricular hypertrophy as no new and material evidence was presented to reopen his previous denial.