Other conditions decisions — 2004

The Board has denied the veteran's claim for service connection for poliomyelitis, finding that there was no permanent worsening of pre-service polio or polio residuals due to active duty.

The veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has reopened the veteran's claim of entitlement to service connection for a lung disorder due to Agent Orange exposure, finding that new and material evidence has been submitted.

The Board has determined that the veteran's service-connected pterygium of the left eye does not warrant a compensable rating, as it does not cause any visual field deficit and is currently evaluated as noncompensable.

The Board denied the appellant's claim for VA improved death pension benefits, finding that she did not live continuously with the veteran from their marriage until his death.

The Board has reopened the veteran's claim for service connection for right footdrop due to peroneal palsy, but further development is needed before the merits of this claim can be considered. The veteran's claim for financial assistance for adaptive automobile equipment remains pending.

The Board found that the appellant's service did not include active duty, and thus he is not considered a veteran for VA benefits. The evidence showed that erythema multiforme existed prior to his period of active duty for training and there was no evidence of aggravation during this time.

The Board granted service connection for the cause of death due to exposure to herbicides, specifically Agent Orange. The veteran's squamous cell carcinoma of the ear and throat with metastasis is presumed to be related to his military service in Vietnam.

The Board found that the appellant's spondylosis did not have its onset in service and denied his claim for service connection.

The veteran's claim for service connection for mitral valve prolapse is being remanded due to the need for a VA examination by a cardiologist.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse, finding that she had prior knowledge of his previous marriage and thus her subsequent marriage was invalid for VA purposes.

The Board has remanded the case for further development due to concerns about compliance with VCAA notification requirements.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA physician with an opinion regarding whether service-connected conditions contributed to the veteran's death.

The Board found that the veteran's residuals of fractures of the left tibia were not incurred in or aggravated by active military service.

The Board has remanded the case due to new and material evidence, but further development is needed including a VA examination.

The Board found that the termination of apportionment of the veteran's pension benefits to his estranged spouse was proper due to their income exceeding the maximum annual pension rate. The appellant's claim for an increase in the apportionment was denied as she had not provided sufficient evidence of her employment and earnings.

The Board denied the veteran's claims for service connection for sebaceous cysts over the facial area and a bilateral hearing loss disability, finding no evidence of such conditions related to his military service.

The Board denied the veteran's claim of reopening his service connection for squamous cell carcinoma of the right tonsil, including as a result of exposure to herbicides. The evidence received since the April 2000 rating decision was found to be cumulative or redundant and did not address the basis for the previous denial.

The Board has denied the veteran's claim for service connection for peripheral vascular disease, finding that it is not related to his service-connected varicose veins.

The veteran's death was due to non-service-connected lung cancer. At the time of his death, he had a service-connected eye condition rated at 60 percent and in receipt of a TDIU rating based on this condition. The claim for DIC under 38 U.S.C.A. § 1318 is denied as the veteran did not meet the requirement of having been entitled to receive total compensation benefits from at least 10 years before his death.