Other conditions decisions — 2004

The Board dismissed the appellant's claim of entitlement to DIC benefits due to a failure to timely file a substantive appeal.

The Board has determined that the veteran's service-connected left and right foot drop disabilities warrant a rating of 40 percent each, effective from the date of the decision.

The Board has reopened the veteran's claims for service connection for a stomach disability and a disability affecting the lungs or chest, but has determined that further development is needed before these claims can be decided.

The Board found that the veteran's claim for an earlier effective date for special monthly compensation was denied because no prior claims were filed or evidence existed to support such a claim before September 17, 2001.

The Board has determined that a VA medical opinion is needed to determine if the veteran's service-connected disabilities contributed to his death. The case will be remanded for this purpose.

The appellant's claim for an earlier effective date for DIC benefits for her posthumous daughter was denied as the required evidence had not been submitted within one year of notification.

The Board found that the course for which the veteran was enrolled at the Triangle of Technology Machinist Academy had not been approved for VA Chapter 30 education benefits, and thus denied his claim.

The Board has determined that the veteran's right eye disability, claimed as a detached retina, was not incurred or aggravated by service. The preexisting condition with light perception only in the right eye existed prior to service and there is no evidence of aggravation during service.

The Board denied the claim for nonservice-connected burial allowance as none of the required conditions were met.

The Board found no evidence linking the veteran's death to his service, and thus denied the claim for service connection for the cause of the veteran's death.

The Board found that the veteran's service-connected gunshot wound, left chest did not meet the criteria for a higher disability rating and denied his claim.

The Board denied the veteran's claim for an extension in the delimiting date for use of VA educational assistance under Chapter 30, Title 38, United States Code.

The veteran's unauthorized private medical expenses incurred at St. Luke's Hospital in March 2002 were denied as the treatment was not related to his service-connected disabilities and no VA or Federal facilities were feasibly available.

The Board has remanded the case for further development, including obtaining recent medical records and scheduling VA examinations to determine the nature and extent of the veteran's back disability. The claim will be adjudicated again after this additional development.

The Board denied service connection for the cause of the veteran's death, as well as claims for accrued benefits and basic legal entitlement to VA death pension benefits. The decision found that there was no evidence linking the veteran's death-causing conditions to his military service.

The Board denied the appellant's claim for VA benefits due to a lack of verified active military service with the U.S. Armed Forces.

The Board denied the claim for benefits under the Restored Entitlement Program for Survivors (REPS) because the veteran's death was not caused by a service-connected disability that occurred prior to August 13, 1981. The medical evidence did not support an earlier onset of the cancer.

The Board denied service connection for cause of death due to squamous cell carcinoma of the tonsil, finding no evidence linking it to the veteran's period of active duty service or herbicide exposure.

The Board has determined that the veteran's gum disease is service-connected, with no presumption or secondary connection involved.

The Board denied a disability rating in excess of 10 percent for fistula in ano, finding that the evidence did not show the need for such a higher rating.