Other conditions decisions — 2005

The veteran's claim for a higher rating for her service-connected residuals of a heat injury is being remanded to allow for additional development, including a new examination and consideration of the appropriate diagnostic codes.

The appellant is not recognized as the veteran's surviving spouse for VA death benefits due to her divorce from the veteran more than two years prior to his death.

The veteran's widow had a claim for service connection for the cause of her husband's death denied in 1982. The appellant, who is not the widow, attempted to reopen the claim but was unsuccessful due to procedural issues.

The Board has remanded the case for further development due to inadequate VCAA notice and examination.

The veteran's claim for compensation benefits under 38 U.S.C. § 1151 for rectourethral fistula and postoperative colostomy due to surgery performed by VA for adenocarcinoma of the prostate is being remanded for further development.

The Board found that the appellant did not meet the eligibility requirements as a surviving spouse of the veteran, and thus denied her claim for VA death benefits.

The Board denied the veteran's claims for service connection for macular degeneration and granted a 30 percent rating for bilateral defective hearing, effective December 14, 2004. The initial ratings for residuals of gunshot wounds to the left index finger and thigh were also denied.

The Board found that the veteran's current skin disorder of the scalp and face is not related to his period of service or to a service-connected disability, thus denying service connection for this condition.

The Board denied the veteran's claim for an increased rating for residuals of left inguinal hernia due to his failure to report for a necessary VA examination.

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

The veteran's hiatal hernia with subtotal gastrectomy is rated at 40 percent, the highest rating available under DC 7348.

The Board has determined that the veteran's foot injuries are consistent with his combat service in Vietnam and grants his claim for service connection.

The Board denied the appellant's claim for VA benefits due to a lack of recognized service, finding that the service department certified no service as a member of the Philippine Commonwealth Army.

The veteran's claim for service connection for a cardiac disability is being remanded due to the need for additional medical examination and analysis.

The veteran's left eye blindness is not shown to be due to VA treatment in May 2001, and the claim for benefits under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran died of a respiratory cancer, which is presumed service-connected due to his exposure to Agent Orange in Vietnam. Therefore, the claim for service connection for the cause of death is granted.

The Board found that the veteran's death was not caused by VA hospitalization, medical or surgical treatment and thus denied service connection for the cause of death under 38 U.S.C.A. § 1151.

The Board has determined that the procedural requirements for this apportionment claim have not been met and has therefore remanded the case to the RO for further action.

The veteran's claim for an earlier effective date for the award of TDIU was denied. The Board found that no evidence existed prior to May 30, 2000 indicating a claim for TDIU.

The veteran's granddaughter is not eligible for VA compensation benefits as she does not meet the legal criteria to be considered a dependent child.