Other conditions decisions — 2005

The Board found that the veteran's cause of death, squamous cell carcinoma of lung, was not service-connected due to tobacco use in service and there is no other evidence linking it to service. The claim for service connection for cause of death was denied.

The Board denied the veteran's request to reopen his claim for service connection for a stomach disability, duodenal ulcer and chronic organic abdominal distress due to lack of new and material evidence.

The Board is remanding the case to obtain additional medical records and determine if there is new and material evidence to reopen the claim of service connection for the cause of the veteran's death. The Board will also review the nature and etiology of the cause of the veteran's death, including whether it was related to his military service.

The veteran's claim for an increased evaluation in excess of 30 percent for his left leg disability is being remanded due to the need for further development and examination.

The Board has denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for residuals of a laceration of the right femoral artery as a result of surgery performed at a VA facility in January 1993, finding that the evidence did not support his claim.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The appellant's claim of entitlement to an increased rating greater than 30 percent for service-connected bilateral bronchiectasis will be reconsidered after these actions.

The veteran does not meet the basic eligibility requirements for VA nonservice-connected pension benefits due to nonqualifying service.

The Board denied service connection for Arnold-Chiari Malformation, finding no evidence of its onset during military service or a motor vehicle accident that occurred in service.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from surgery performed in March 1999 at the Huntington VA Medical Center. The case has been remanded to determine if VA's care was negligent and whether post-phlebitis syndrome and deep vein thrombosis are related to the surgery.

The veteran is seeking a higher initial disability evaluation for his service-connected post-operative residuals of an aortic valve replacement. The RO has remanded the case to obtain additional medical examination and testing.

The Board has granted a 20 percent rating for the veteran's right great toe disability and a 20 percent rating for his left great toe disability, both of which are rated as analogous to moderately severe foot injuries.

The Board has remanded the case for further development, including obtaining records of the veteran's reserve and guard duty, ensuring compliance with VCAA duties to assist, and providing a VA examination.

The Board has granted service connection for the cause of the veteran's death and Dependents' Educational Assistance under 38 U.S.C. chapter 35, finding that the veteran had malignant fibrous histiocytoma which qualifies for presumptive service connection due to his exposure to herbicide agents during active military service.

The Board has determined that the veteran does not have residuals of cold injuries to any of his extremities or neck, and bilateral defective hearing. The evidence does not support a finding of service connection for these conditions.

The veteran's cause of death was due to metastatic cancer. The appellant seeks service connection for this condition and eligibility for educational assistance under Chapter 35 of the U.S.C.A. She needs further development as per VCAA requirements.

The Board has remanded the case due to the need for a medical opinion regarding whether the veteran's current bronchiectasis is related to his in-service respiratory disorder.

The veteran's claim for a higher rating for his service-connected herpes of the chin area is being remanded due to incomplete records and the need for another examination.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that her marriage to the veteran was not valid under VA law due to it occurring less than one year before his death and producing no children.

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

The case is being remanded to the RO for a videoconference hearing before the Board.