Other conditions decisions — 2004

The appellant is seeking veteran's status for VA benefits purposes. The case has been remanded due to a discrepancy in service records that needs clarification and re-certification from the service department.

The Board is remanding the case for additional development to ensure all relevant medical records are obtained and considered, including terminal hospital records from the Hendricks Medical Center. The appellant's claims for service connection for cause of death and Dependency and Indemnity Compensation will be reconsidered based on this new evidence.

The Board found that the appellant assisted an enemy of the United States by serving with the Japanese-sponsored and controlled Bureau of Constabulary (BC). As a result, he forfeited all accrued or future gratuitous benefits under laws administered by VA.

The Board has determined that the veteran's current disabilities, including GSW to the left elbow and fractures of the radius and ulna, were not incurred during his recognized military service with U.S. Armed Forces.

The veteran claims service connection for multiple myeloma, which he believes is related to exposure to ionizing radiation during his military service. The case must be remanded due to the need for a dose estimate based on the veteran's alleged exposure.

The Board found that the veteran's hiatal hernia was not incurred in or aggravated by service and denied his claim for service connection.

The Board denied service connection for malnutrition to include dental trauma, obstructive coronary arteriosclerosis, and cataracts and blepharitis with macular degeneration. The veteran's lay testimony coupled with his award of the Distinguished Flying Cross and duties as a pilot supported the finding that he suffered from malnutrition and dehydration during combat in Korea.

The Board has granted a 60 percent evaluation for the veteran's restrictive lung disease, effective from January 14, 2002. The previous 30 percent evaluation was maintained prior to that date.

The Board has determined that the veteran's postoperative residuals of giant-cell tumor of the bone, proximal one-third of left tibia were incurred during active service and granted service connection.

The veteran's appeal is being remanded for scheduling a personal hearing before the RO, as he requested one but has not yet been afforded.

The Board denied the veteran's claims for special monthly pension based on needing aid and attendance or being housebound, finding that he did not meet the criteria for either.

The Board has determined that the veteran's current cardiomyopathy with congestive heart failure is proximately due to or the result of his service-connected Type II diabetes mellitus, and thus grants service connection for this condition on a secondary basis.

The Board has reopened the veteran's claim for service connection for eye disorders due to new and material evidence submitted since the April 2000 rating decision. However, it did not address whether there is a link between current eye conditions and events during service.

The Board granted the veteran's request for waiver of his overpayment of VA pension benefits, finding that he had not intentionally defrauded VA and that repayment would cause undue financial hardship.

The Board denied the veteran's request to reopen his claim for service connection for aortic prolapsing valve with regurgitation, finding that new and material evidence had not been submitted. The November 1991 denial of service connection was final.

The veteran's claims for service connection are being remanded due to the need for additional medical records and examinations.

The VA denied the veteran's claim for an increased rating in excess of 10 percent for his right knee disability, which was initially granted. The evidence showed mild to moderate functional loss due to pain and early degenerative joint disease without instability or other severe impairment.

The Board reopened the veteran's claim and found that new evidence supported a finding of residuals from a shrapnel wound in service, granting service connection.

The Board denied the appellant's claim for accrued benefits as there were no pending claims or existing ratings at the time of her husband's death.

The appellant's claims for accrued benefits and nonservice-connected death pension benefits were denied due to the lack of entitlement under the law. The veteran did not have qualifying service, and her claim for accrued benefits was filed outside the one-year deadline.