Other conditions decisions — 2004

The VA determined that the veteran's death was not caused by a service-connected condition, and there is no evidence to support compensation under 38 U.S.C.A. § 1151 for treatment at a VA facility.

The Board has determined that the appellant may be recognized as the veteran's surviving spouse for VA benefits purposes, given her continuous cohabitation with him and her lack of knowledge about legal impediments to their marriage.

The Board found that the appellant could not be recognized as the veteran's surviving spouse for purposes of receiving Dependency and Indemnity Compensation (DIC) benefits due to a separation from 1991 onwards, which was not solely due to the fault of either party.

The Board has remanded the case to the RO for compliance with VCAA provisions, including notification and duty to assist requirements. The veteran's claim of entitlement to compensation for additional disability manifested by cerebrovascular accident under the provisions of 38 U.S.C.A. § 1151, and for service connection for cerebrovascular accident, claimed as secondary to service-connected PTSD, is now pending.

The Board has remanded the case due to incomplete VCAA notice and the need for a VA medical opinion regarding the cause of death. The appellant's claim is related to eligibility for Dependents' Educational Assistance under Chapter 35 of title 38 of the United States Code.

The Board has determined that the veteran's net worth exceeded the established limits for receipt of VA nonservice-connected pension benefits, and therefore denied the appellant's claim for accrued benefits.

The Board denied the veteran's application to reopen his previously denied claims of service connection for lung disability including pulmonary blastomycosis and a sinus disability, finding that no new and material evidence had been submitted.

The Board denied the appellant's claim for basic eligibility for VA nonservice-connected death pension benefits due to her spouse not having recognized service as a member of the Philippine Commonwealth Army, including recognized guerrillas in the service of the Armed Forces of the United States.

The Board found that the veteran's respiratory condition existed prior to service and was not aggravated by active service, thus denying his claim of entitlement to service connection for a respiratory condition.

The Board has remanded the case due to incomplete medical records and other procedural issues.

The Board dismissed the appellant's appeal as her Substantive Appeal was not filed within the required time frame, and thus lacked jurisdiction to consider the claim.

The Board has determined that the effective date for service connection of adenocarcinoma of the prostate should be October 20, 2000, as this aligns with when the veteran initially sought VA treatment and established a pending claim.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a left eye disability. The veteran's preexisting left eye disability was found to have been aggravated during active duty service, warranting service connection.

The appellant is seeking retroactive VA education benefits, but the case needs to be remanded as there are insufficient records in the veteran's file to determine eligibility.

The veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for a skin disability, claimed as due to medication prescribed by VA for hypertension. The case has been remanded for further development and consideration.

The Board denied the appellant's claim for increased benefits under Parent's Death Indemnity Compensation (DIC) program due to his annual income exceeding the statutory maximum.

The Board found that the veteran's skin disorder was not incurred in or aggravated by active service, and may not be presumed to have been caused by exposure to Agent Orange. The claim for service connection was denied.

The veteran died from a cerebrovascular accident, which the Board found not related to service. Therefore, his claim for service connection for the cause of death is denied.

The Board denied the veteran's claim for an earlier effective date for service connection of residuals of an injury to the 3rd and 4th fingers of the left hand, finding that the earliest date of entitlement was March 31, 1999.

The Board has granted an initial 60 percent rating for disability of the left hand and fingers, resulting from multiple surgeries (for which compensation under 38 U.S.C.A. § 1151 was awarded), effective January 2, 2002.