Other conditions decisions — 2004

The veteran's claim for an increased rating for his residuals of squamous cell carcinoma of the right lower lobe lung, post-operative right lower lobectomy was denied by the RO.

The VA determined that the veteran's residuals of a gunshot wound to the chest do not warrant an increased evaluation beyond the current 20 percent rating.

The Board has determined that the veteran's claimed conditions are not related to his military service, including exposure to herbicides. As a result, the claims for service connection have been denied.

The Board found that the appellant did not submit new and material evidence to reopen his claim of basic eligibility for VA disability benefits, as his previous denial was final due to lack of qualifying service. The appeal is denied.

The Board found that the veteran does not currently suffer from post-polio syndrome and there is no evidence to suggest his poliomyelitis residuals increased during service. The medical expert's opinion supported this conclusion, stating it was at least as likely as not that the veteran did not have a post-polio syndrome.

The Board found that the respiratory disability and cognitive impairment were not caused by VA hospitalization and treatment, as there was no evidence of carelessness, negligence, or error in judgment on the part of VA. The veteran's conditions are deemed to be unrelated to her VA treatment.

The veteran's death was caused by a cerebrovascular accident, not related to service-connected disability. The appellant did not meet the criteria for VA burial benefits.

The veteran's claim for service connection for head and neck squamous cell carcinoma, which he claims is related to his military service including exposure to herbicides, has been remanded due to the need for a comprehensive VA examination.

The Board found that the cause of the veteran's death was not incurred in or aggravated by active service, nor is it due to a service-connected disability. The encephalalgia did not contribute substantially or materially to his development of AIDS.

The Board has found new and material evidence to reopen the veteran's claim for service connection for residuals of pneumonia, which was previously denied in 1966. The case is now remanded for further development.

The veteran is seeking a compensable evaluation for his service-connected malaria since July 21, 2001. The case has been remanded due to the need for additional development and notification under the VCAA.

The Board has granted service connection for a skin disability effective January 17, 2001. The veteran's claim is based on new and material evidence submitted after the March 1982 denial of service connection.

The veteran's second wife, who was legally married to him at the time of his death, is receiving DIC benefits. The appellant, the veteran's ex-wife, cannot be recognized as his legal spouse for purposes of receiving VA compensation due to her current marriage.

The VA has determined that the veteran's service-connected left knee disability, chondromalacia patella, is currently rated at 10 percent and does not warrant a higher rating based on additional limitation of motion or pain.

The Board has granted an extension of the appellant's delimiting date for educational assistance benefits under Chapter 35, Title 38, United States Code.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of qualifying service as a veteran. The U.S. service department certified that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board found that the veteran's lung disorder was not related to his service and did not result from VA treatment. The claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The Board is remanding the case to comply with the requirements of Quartuccio v. Principi and Charles v. Principi, specifically addressing the duties imposed by the Veterans Claims Assistance Act of 2000.

The veteran's unauthorized medical expenses incurred from April 6 to April 13, 2000 were not reimbursable because the treatment was provided at a private hospital and did not relate to any service-connected disability.

The veteran's claim for an increased rating for his shell fragment wound to the left scapular region with traumatic arthritis is being remanded due to a need for additional development and notification.