Other conditions decisions — 2005

The Board denied the appellant's claim for VA benefits because his deceased father did not have the required military service to render him eligible for VA benefits.

The Board determined that the appellant does not have qualifying military service and therefore is ineligible for VA benefits.

The Board has remanded the case for additional development, including obtaining VA medical records and Social Security Administration records. A VA examination is also required to determine if any current generalized arthritis of multiple joints is related to service.

The Board has been directed to consider whether the veteran is entitled to separate, compensable evaluations for injuries to muscle groups I and II and scars associated with service-connected injury. The claims are being remanded for further development.

The Board found that the veteran's non-Hodgkin's lymphoma is not causally related to his active duty service or to a service-connected disability, and denied both claims for service connection.

The veteran's death was not service-connected, and the claim for DIC under 38 U.S.C. § 1318 is denied.

The veteran's claim for an increased evaluation of his service-connected intervertebral disc disease L4-L5 is being remanded due to the need for additional development, including a neurological and orthopedic examination.

The Board denied the veteran's claim for service connection for the cause of his death, finding that his service-connected ununited fracture of the right tibia did not contribute substantially or materially to his cardiomyopathy, which was the immediate cause of his death.

The Board found that the veteran's postoperative residuals of clear cell odontogenic carcinoma are not service connected, as there is no evidence to support a finding that nicotine dependence caused his cancer.

The Board has granted a partial waiver of recovery for the veteran's loan guaranty indebtedness, leaving $7,199.09 plus interest to be waived.

The Board denied the veteran's claims for increased disability ratings for his service-connected postoperative crush injury and laceration to fingers of the right hand, currently rated at 10 percent, and PTSD, currently rated at 30 percent. The RO found that the evidence did not support a higher rating under the applicable VA regulations.

The veteran withdrew his appeal, and the Board dismissed it.

The Board found that the criteria for loss of use of the left foot were not met prior to March 13, 1995. The effective date sought by the veteran was denied.

The Board found that the veteran's left hip disorder is not secondary to his service-connected right lower leg disability. The rating for residuals of a shell fragment wound, right lower leg, was denied as it did not meet the criteria for an increased rating.

The veteran's claims for increased ratings for his service-connected low back disability and dysthymic disorder, as well as a TDIU rating, are being remanded to the RO for further development.

The Board has determined that the veteran's urinary tract cancer, including as due to Agent Orange exposure, was incurred in or aggravated by active service.

The Board found that the appellant is not the valid beneficiary of the veteran's NSLI policies and denied the claim.

The Board has found the evidence and information currently of record to be sufficient to substantiate the veteran's claim to reopen. Therefore, no additional development with respect to this matter is required under the VCAA or the implementing regulations.

The Board has ordered a remand to obtain additional service medical records that may contain information about the veteran's right eye disability. The case will be reconsidered based on all available evidence.

The veteran died without having established service connection for any disability prior to his death and was not in receipt of VA pension at the time of his death. Therefore, he is ineligible for nonservice-connected burial benefits.