Other conditions decisions — 2005

The Board has denied the veteran's claim for service connection for residuals of dental trauma, finding that there is no evidence to support a finding that he sustained any dental trauma during his military service.

The Board found that the veteran's lower digestive disorder, including small bowel obstruction and abdominal adhesions, was not incurred in or aggravated by active service and is not proximately due to or aggravated by a service-connected disability. The claim for an increased rating for gastroesophageal reflux disease with dyspepsia was also denied.

The Board found that the veteran's fatal metastatic cancer and pneumonia were not related to his service, including any recurrence of malaria. The cause of death was attributed to lung malignancy.

The Board found that the veteran's organic brain disease with memory loss is not a residual of his 1966 motor vehicle accident, but rather is more likely due to chronic abuse of drugs and alcohol.

The veteran's claim for reimbursement of unauthorized medical expenses related to treatment for brain cancer is granted. The service connection theory is direct, meaning the condition was determined on its own merits without relying on a presumption or secondary service connection.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for complications from a right upper lobectomy performed in June 1995, but the case has been remanded to obtain clarification on whether the surgery caused an increase in respiratory impairment.

The Board has remanded the case to the RO for further development and adjudication due to a lack of compliance with previous remand directives.

The Board denied the veteran's claim for an earlier effective date for her nonservice-connected disability pension with additional special monthly pension due to the need for aid and attendance, finding that there was no evidence of a prior application or intent to apply for benefits.

The Board has remanded the veteran's claim for a cardiovascular disability, including paroxysmal atrial fibrillation due to incomplete information from the previous examination. The examiner is requested to determine if the veteran's symptoms on September 13, 1992 were analogous to an acute myocardial infarction or cardiac arrest.

The Board denied the appellant's request for a waiver of recovery of an overpayment of death pension benefits in the amount of $875 due to her not filing the request within the required 180-day period following notification of the indebtedness.

The Board has dismissed the appeal because the appellant died during the pendency of the appeal and thus, the Board does not have jurisdiction to adjudicate the merits of this claim.

The Board has denied the veteran's claims for service connection for bilateral hernia, hydrocele of the left testicle, and residuals of a broken nose due to lack of medical evidence linking these conditions to his military service.

The veteran's request for waiver of overpayment of pension benefits in the amount of $3,328.00 was denied because it was not filed within the required 180-day period after notice of indebtedness.

The appellant's claim for VA benefits was denied because her military service could not be verified, and thus she did not meet the criteria for basic eligibility.

The Board has remanded the case due to additional development being necessary, including obtaining medical records and providing a VA oncologist's opinion on the etiology of the veteran's cancer.

The Board has remanded the case for additional development of evidence regarding the appellant's financial and dependent status, including income, expenses, and custody information. The appellant is also asked to clarify whether she desires a Travel Board hearing.

The veteran's service-connected penetrating wounds and encephalopathy substantially contributed to his death from a cerebral vascular accident.,As the cause of death is related to service-connected disabilities, DIC benefits under 38 U.S.C.A. § 1318 are granted.

The Board has determined that the appellant is not entitled to recognition as a surviving spouse of the veteran for purposes of VA death pension benefits due to their separation lasting more than 9 years and lack of continuous cohabitation.

The Board found that the veteran does not have current residuals of a right inguinal hernia and thus, denied his claim for a compensable evaluation.

The veteran's appeal is remanded for further development, including a VA examination to determine the current severity of his service-connected PTSD and any psychiatric disorder etiologically related thereto. The RO should then review the claims and consider the possibility of staged ratings.