Other conditions decisions — 2004

The Board has denied the appellee's claim for an increased apportionment of the veteran's VA compensation benefits, as it is not demonstrated that financial hardship exists solely on the basis of her custody of the veteran's dependent child.

The Board has determined that the appellant's claim for an earlier effective date for service connection for the cause of her husband's death is not merited, as she did not submit a valid claim within one year prior to his death and no legal basis exists for such a retroactive award.

The Board dismissed the appeal for service connection of a cardiac disability due to the RO's grant of service connection in November 2003. The issue regarding an increased rating for residuals of a gunshot wound to the left biceps, Muscle Group V, is referred back to the RO.

The veteran's claims for service connection are being remanded due to additional evidence and argument received, as well as the need for further development regarding radiation exposure.

The veteran's claims are being remanded for additional development, including medical examinations and a review of the evidence to determine if he is entitled to compensation under the provisions of 38 U.S.C.A. � 1151 for his claimed disabilities.

The veteran seeks service connection for dermatomyositis as a chronic disability resulting from an undiagnosed illness. The case is being remanded to obtain additional development and ensure due process of law.

The Board denied the veteran's claim for service connection of a hernia, finding no evidence of such condition in service and insufficient medical evidence to link it to his active duty.

The Board denied the appellant's claim for nonservice-connected pension benefits due to a lack of recognized service with the United States Armed Forces.

The veteran's death was not due to a service-connected disability, and he did not meet the criteria for burial benefits as defined by VA regulations.

The Board denied the appellant's claim for basic eligibility to VA benefits due to a lack of qualifying military service, and thus, he is not considered a 'veteran' for purposes of VA benefits.

The Board denied the veteran's request for a waiver to recover an overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience due to fault on both the veteran's and VA's part.

The Board is remanding the case to ensure compliance with the Veterans Claims Assistance Act of 2000 and to provide the appellant with proper notice regarding his claim for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's cause of death, non-small cell carcinoma of both lungs, was not caused by or related to any service-connected disability. The claim for DIC under 38 U.S.C.A. § 1318 is denied as there was no evidence of a continuous period of at least 10 years prior to death where the veteran had a permanent and total service-connected disability rating.

The Board finds that the veteran's head injury in 1991 was incurred in service and grants entitlement to service connection for residuals of a head injury. The claim for compensation under 38 U.S.C.A. § 1151 for back injuries is denied.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for cause of death.

The Board has determined that the veteran's claim for a compensable rating for bilateral epididymitis is denied as there are no current manifestations of the condition and the veteran did not provide any medical evidence to support his claim.

The Board has remanded the case for further development, including a VA examination to determine if any current ear disorders are related to service.

The Board denied the appellant's claim for VA benefits based on her deceased husband's military service, finding that he did not have the required service to qualify for VA benefits.

The Board denied service connection for the cause of death, denied accrued benefits, and denied basic legal entitlement to VA death pension benefits.

The Board denied the appellant's claim for VA benefits based on her deceased husband's service, finding that he did not have the required military service to qualify for VA benefits.