Other conditions decisions — 2005

The Board denied service connection for the cause of the veteran's death due to a lack of evidence linking colon cancer, which was not presumed to be caused by Agent Orange exposure, to his military service.

The veteran's claim for service connection for a liver disorder is being remanded due to the need for additional medical records and further investigation.

The Board denied the veteran's claim for service connection for cancer of the bladder, finding that there was no positive association between herbicide exposure and this condition. The evidence did not support a presumption of service connection based on Agent Orange exposure.

The Board denied the appellant's claim of entitlement to service connection for the cause of her husband's death, finding that lung carcinoma was not present in service and is not shown to be etiologically related to service. The Board also noted that any claims received by VA after June 9, 1998 are subject to a statutory bar on service connection based on tobacco use during service.

The veteran's claim to reopen the issue of forfeiture of VA benefits is being remanded for further development and consideration.

The veteran's claim for an increased rating for his service-connected residuals of a fracture of the transverse process of L-3 is being remanded due to changes in spine disability evaluation criteria and the need for additional development, including a VA examination.

The Board denied the veteran's claims of entitlement to service connection for hypertensive vascular disease and eye disability, both claimed as secondary to his service-connected diabetes mellitus. The evidence did not establish a nexus between these conditions and his service-connected diabetes.

The Board found no evidence of porphyria cutanea tarda during service or within one year after service, and the veteran was never diagnosed with this condition. The claim for service connection is denied.

The Board has decided to remand the case for further development, including obtaining service personnel records and determining if the veteran served in Korea. The cause of death claim will be reconsidered after this additional information is obtained.

The Board has denied a request for an earlier effective date for the grant of service connection for a bilateral foot disorder, finding that the earliest date is April 18, 2001.

The Board has determined that the veteran is competent to handle his benefit payments due to his mental incapacity, but not entitled to service connection for a psychiatric disability other than PTSD.

The Board has determined that additional development is necessary prior to completion of its appellate review in this case. The veteran's service-connected disability, residuals of drusen of optic nerves, bilateral, is rated as zero percent disabled under Diagnostic Code 6026 and requires further examination for a fully informed evaluation.

The veteran's eligibility period for Chapter 30 educational benefits expired on March 17, 2002. The Board denied her request to extend the delimiting date due to lack of statutory or regulatory authority.

The veteran's claim for service connection for drowsiness is being remanded due to the need for additional medical examination and development. The issues of increased ratings for arthritis, cephalgia, duodenal ulcer, and TDIU are also being remanded.

The veteran's death was not caused by any service-connected disability, and his service did not meet the basic eligibility requirements for VA nonservice-connected death pension benefits.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for accrued benefits due to cerebrovascular accident. The decedent died from cardio-pulmonary arrest, secondary to sepsis, nosocomial pneumonia, cardiovascular disease, chronic respiratory failure, and anemia, all post-service conditions.

The Board has remanded the case due to insufficient evidence regarding the veteran's employment at Perry Country Club and Pine Oaks Golf Course, which could affect whether an overpayment of Chapter 30 education benefits was properly created.

The Board denied the claim for service connection for cause of death, finding no competent evidence linking the veteran's cause of death to his military service.

The Board found that the veteran's death was not caused by any service-connected disability and there is no evidence of a chronic disorder in service or during the initial three post-service years. The cause of death, cardio-respiratory arrest due to bronchopneumonia, was attributed to infectious agents rather than a service-connected condition.

The Board has determined that the veteran's service-connected residuals of uveitis and granulomatous iridocyclitis do not warrant a compensable evaluation, as they are manifested by best corrected distant visual acuity of only 20/30 bilaterally. The veteran's recurrent polyarthritis is also rated at its maximum allowable under the applicable rating criteria.