Other conditions decisions — 2004

The Board has dismissed the appeal due to the appellant's withdrawal of their appeal prior to a decision being made.

The VA determined that the appellant's right hip and femur fracture existed prior to service, and there is no evidence of permanent advancement of the underlying pathology during his military service. The Board found that the appellant did not have a current disability related to his service.

The Board found that the appellant's discharge from service was dishonorable and therefore constitutes a bar to VA benefits.

The Board denied the veteran's claim, finding that VA treatment in May 1992 did not result in impotence and urinary dribbling as a proximate cause of carelessness or negligence.

The Board found that the veteran's service in the Philippine Army during World War II is not considered active service for purposes of benefits under Chapter 15 of Title 38, and thus the appellant cannot be considered the surviving spouse of a veteran who met the service requirements for nonservice-connected death pension benefits.

The Board has reopened the veteran's claim of service connection for residuals of a left hand injury due to new evidence submitted since the last denial. The issue remains undecided as further examination is needed to determine if any current disability is related to service.

The Board granted service connection for the cause of the veteran's death effective December 16, 1994. The appellant was satisfied with this decision.

The veteran's right upper extremity disability, specifically the arm with a history of gunshot wound and fracture, is currently rated at 40 percent. The rating has been maintained despite recent findings indicating limited forearm flexion.

The Board denied the appellant's claims for accrued benefits, DIC compensation, and reimbursement of burial expenses due to lack of legal standing as the veteran's surviving spouse.

The veteran's anxiety associated with his service-connected skin disorder results in mild symptoms that decrease work efficiency and ability to perform occupational tasks during periods of significant stress, warranting a separate 10 percent evaluation.

The Board has determined that the overpayment of VA non-service-connected disability pension benefits in the amount of $2,036 should be waived due to undue financial hardship.

The VA denied the veteran's claim for an evaluation in excess of 10 percent for ulcerative colitis, finding that his condition is currently productive of not more than moderate impairment.

The Board has remanded the case for a BVA hearing before a Veterans Law Judge, and the RO is instructed to schedule this hearing.

The VA denied the appellant's claim that her husband's cause of death was related to service, specifically his acute lymphocytic leukemia. The Board found no evidence linking the veteran's condition to his military service or exposure to herbicides.

The Board denied the veteran's claims for service connection for a left inguinal hernia, whether new and material evidence has been received to reopen his claim for service connection for ulcers, and increased ratings for post-operative residual tender scar of the right inguinal area. The issue regarding service connection for a left inguinal hernia was not decided as it was secondary to his service-connected right inguinal hernia.

The veteran's overpayment of non-service-connected disability pension benefits is denied due to his willful failure to report his spouse's income, which resulted in an unfair advantage.

The Board denied the veteran's claim for an earlier effective date for service connection of Hodgkin's lymphoma, finding that no earlier date could be assigned due to the lack of a valid claim prior to December 12, 2000.

The veteran's appeal is remanded due to the need for proper VCAA notice and obtaining all relevant medical records.

The Board has determined that the cause of the veteran's death was not related to his military service and denied both claims for service connection for the cause of death and eligibility for dependents' educational assistance benefits.

The Board denied the veteran's claim for service connection for cause of death due to income exceeding the statutory limits for entitlement to death pension benefits. The appellant is not entitled to VA death pension benefits.