Other conditions decisions — 2004

The Board has remanded the case due to procedural deficiencies and the need for further development, including obtaining medical records from the veteran's treatment at the Wilkes-Barre VA Medical Center.

The veteran's request for a compensable evaluation for malaria was denied as there is no evidence of active malaria or its residuals.

The Board has remanded the case for additional development due to failure to provide appropriate notice of the Veterans Claims Assistance Act of 2000 (VCAA) and obtain pertinent VA medical records.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death, and thus denied all claims.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for the requested development.

The Board has granted service connection for disability of the left lower extremity, manifested by cramps and muscle spasms. The other issues related to increased ratings have been remanded for further development.

The Board denied service connection for both the veteran's status post spina bifida occult with urinary retention and his cardiac arrhythmia, finding that these conditions preexisted service. The claim of entitlement to a TDIU was also denied as the veteran had no service-connected disabilities.

The veteran's claim for an evaluation greater than 50 percent for PTSD is being remanded due to the need for additional evidence and a comprehensive social survey.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a digestive disorder. The claim will now be reviewed on its merits.

The veteran's death was not caused by any service-connected disability, and he did not have qualifying service for VA pension benefits. His claims for prostate cancer, intestinal cancer, coronary insufficiency with heart failure, cholera, and vertigo were denied as there is no evidence of these conditions in service or within one year post-service.

The Board found that the veteran's interstitial fibrosis is manifested by Forced Vital Capacity values of greater than 80 percent and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO) of greater than 80 percent since November 19, 1996. However, these values do not meet the criteria for a compensable evaluation under Diagnostic Code 6825.

The Board has determined that the veteran possessed testamentary capacity on July 20, 1998 and that the Appellees are entitled to the proceeds of his National Service Life Insurance policies.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for a cerebrovascular accident with residual paralysis of the right lower extremity resulting from a November 2001 VA surgery. The RO has requested additional medical opinions and records to determine if any negligence occurred.

The Board has granted the waiver of recovery for the overpayment of nonservice-connected disability pension benefits in the amount of $14,193.70.

The veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional development, including obtaining medical records and arranging for VA examinations.

The Board has determined that the veteran's service-connected paroxysmal atrial fibrillation contributed to his death from cardiomyopathy and obstructive coronary disease. The Board grants service connection for cause of death.

The Board has determined that the veteran's death was caused by diseases resulting from his confinement as a POW, including ischemic heart disease. The decision grants service connection for cause of death.

The veteran's compression fracture, right lateral body, L-4 is currently evaluated at 30 percent and his hearing loss does not warrant a compensable evaluation. The Board finds that the old schedular criteria are more favorable to the veteran in this case.

The Board denied the appellant's claim for accrued benefits due to her mother not filing a timely application, and because her mother was not considered the veteran's surviving spouse at the time of his death.

The Board denied the veteran's death pension benefits due to lack of service-connected disability and found that the cause of death was not related to his military service. The appellant is not eligible for nonservice-connected death pension benefits as her spouse served with recognized guerrillas.