Other conditions decisions — 2004

The Board denied the veteran's claim for service connection for a respiratory disability, finding that his current condition is not related to any disease or injury he had in service.

The Board has determined that the veteran's left biceps tendon disorder, postoperative with degenerative changes, warrants a 20 percent disability rating since September 4, 2003.

The Board determined that the appellant is not eligible for a nonservice-connected death pension based on the veteran's recognized military service with the Philippine Scouts.

The Board denied service connection for fatigue and memory loss as manifestations of an undiagnosed illness, finding that the veteran's symptoms were attributable to known clinical diagnoses (obstructive sleep apnea and hypersomnolence).

The Board denied service connection for emphysema, including due to nicotine dependence acquired in service.

The VA has determined that the veteran's postoperative cholecystectomy residuals, including probable adhesions, do not warrant a rating in excess of 10 percent.

The Board denied the claim of service connection for a bilateral eye disorder, concluding that any current eye disabilities were developmental conditions and thus not eligible for service connection.

The Board denied service connection for Raynaud's phenomenon with peripheral vascular insufficiency and claudication, as the evidence does not support a finding that these conditions are related to service.

The Board found no current evidence of cardiovascular disease and concluded that the veteran's heart murmur from service did not result in a present disability. Therefore, the claim for service connection was denied.

The Board found that the cause of the veteran's death was not related to his service-connected disabilities, and thus denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C.A. § 1318.

The Board denied the veteran's request for waiver of recovery of an overpayment of pension benefits in the amount of $24,633 due to bad faith.

The Board found that the veteran's preexisting degenerative joint disease of the right hip was aggravated by his active service, and granted service connection for this condition.

The veteran's appeal is remanded to the RO for further development and consideration of his claim for an increased rating for PTSD.

The veteran's appeal is being remanded for additional development and consideration of his claims, including a VA examination to assess the nature and severity of his service-connected disabilities.

The Board found that the veteran's cause of death was due to an intracranial hemorrhage and subdural hematoma, which were not service-connected. The claim for Agent Orange exposure was also denied.

The Board dismissed the veteran's appeal because it was not timely filed within 60 days of receiving the Statement of the Case.

The Board found that the veteran's service-connected prostate cancer did not cause or contribute to his death, and exposure to Agent Orange also did not play a role in causing or contributing to his death.

The veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 is being remanded due to additional development needed, including a VA examination by an oncologist.

The Board has remanded the case due to failure to comply with VCAA notice and duty-to-assist provisions. The appellant's claim is now pending for further development.

The Board finds that the veteran's squamous cell carcinoma of the oral cavity, which significantly contributed to his death, was caused by nicotine dependence developed during service. Therefore, service connection for cause of death secondary to tobacco use is granted.