Other conditions decisions — 2004

The Board of Veterans' Appeals (Board) has denied the veteran's claim for service connection for cancer of the pancreas, finding insufficient evidence to support a direct or secondary service connection. The appeal is being remanded to the RO for further development and consideration.

The Board denied the appellant's claim for VA benefits as her late husband did not have qualifying service to be eligible for VA benefits.

The appellant is denied basic eligibility for VA death pension benefits as the veteran's only recognized service was with the Commonwealth Army of the Philippines, which does not qualify for VA death pension benefits.

The Board has determined that the cause of the veteran's death, hepatic failure with recurrent hepatocellular carcinoma, is etiologically related to his service-connected type II diabetes mellitus, which was presumed due to herbicide exposure in Vietnam.

The Board dismissed the appeal because a timely Substantive Appeal was not filed with respect to the RO's July 2000 decision denying an extension of a delimiting date for education benefits under Chapter 1606, 10 U.S.C.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of qualifying service in the United States Armed Forces, thus denying his claim.

The Board found that the appellant's deceased spouse did not have recognized active service, and thus does not meet the requirements for basic legal entitlement to VA death benefits.

The Board has determined that the current record is inadequate for a fully informed decision and requires additional development, including obtaining medical opinions on the date of onset and etiology of the veteran's left testicular tumor, as well as whether residuals were aggravated during service.

The veteran's waiver of recovery for an overpayment of $19,749 in pension benefits was denied due to his bad faith actions.

The VAMC denied the veteran's application for enrollment in, and access to, VA medical care benefits due to his not meeting the eligibility criteria for Priority Group 8.

The Board has remanded the case for further review by a VA pulmonary specialist to determine the likely etiology of the veteran's lung cancer and its relationship to service, including any potential asbestos or fume exposure.

The Board has remanded the case for further action due to a lack of VCAA notification and duty to assist provisions.

The veteran is seeking service connection for impotency, which he believes to be secondary to his service-connected left herniorrhaphy with a left orchiectomy. The case has been remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000 (VCAA).

The Board found that the veteran's left leg disability, to include thrombus of the superficial femoral vein, did not occur during his active military service and denied his claim for service connection.

The Board found that the arteriovenous malformation preexisting in service did not undergo a permanent increase in severity during service, and thus denied service connection for right temporal lobe intracerebral hemorrhage as a residual of arteriovenous malformation.

The VA has granted service connection for PTSD and assigned a 30 percent evaluation, effective October 5, 1995. The veteran's PTSD is currently productive of no more than considerable social and industrial impairment.

The Board has remanded the case for additional development due to missing medical records and compliance with Veterans Claims Assistance Act of 2000 requirements.

The Board found that the veteran does not have an injury to the lungs and/or diaphragm as a result of VA medical treatment conducted in June 1990, and therefore denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied an earlier effective date for apportionment of the veteran's benefits and a request to increase the amount of monthly apportionment. The appellant claimed he should have received more due to his college expenses, but the RO found that the effective date could not be earlier than October 1, 1997, and denied an increase in the amount.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a left eye disability. The veteran's current left eye disability is being considered as secondary to his military service.