Other conditions decisions — 2005

The Board has denied the veteran's claim to reopen his service connection for bilateral eye disability as no new and material evidence was submitted.

The Board has determined that the veteran's dental disorder is not service-connected for VA compensation purposes due to missing or damaged teeth. However, if the loss of teeth was due to trauma or disease such as osteomyelitis, service connection can be established. The case is being remanded to provide the veteran with a VCAA letter and allow him to submit any relevant evidence.

The Board denied the veteran's request to reopen his previously denied claim of service connection for defective hearing, finding that the submitted evidence was not new and material.

The veteran's claim for service connection is being remanded due to the need for a dose estimate and an opinion from VA's Undersecretary for Health regarding radiation exposure in service.

The veteran's left scapula fracture and thoracic spine arthritis are rated at 10 percent each. A staged 20 percent rating is granted for the left scapula fracture effective from December 21, 2004. The thoracic spine disability remains at 10 percent.

The Board has determined that the veteran's chronic left subscapular soft-tissue/myofascial disorder is related to service and grants service connection for this condition.

The Board denied the veteran's claim for reopening his service connection for spina bifida occulta and related lipomatous tethered spinal cord syndrome, finding no new and material evidence to support it.

The Board found that the veteran's cause of death (cardiopulmonary arrest, sepsis, recurrent pneumonia) is not related to service or a service-connected disability. The DIC claim was denied as there was no evidence showing the veteran would have been entitled to total service-connected disability compensation for at least 10 years prior to his death.

The Board determined that new and material evidence had not been received to reopen the claim for DIC benefits as the veteran's surviving spouse, thus denying the reopening of the claim.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for the cause of death. The veteran's cause of death is attributed to a pulmonary embolism or myocardial infarction, with diarrhea listed as an other significant condition contributing to death but not resulting in the underlying cause.

The veteran's disability compensation cannot be apportioned for the support of his daughter, M.E.F., as she is over the age of 23 and no longer qualifies as a minor child under VA law.

The Board has determined that the evidence received since the May 1953 decision letter is not new and material, thus denying the veteran's request to reopen his claim of entitlement to service connection for gastric ulcers.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking his pancreatic cancer to service or radiation exposure. The Board also found that there was no reasonable possibility that his pancreatic cancer resulted from radiation exposure in service.

The veteran's claims for service connection for vision loss in the right eye and a peripheral nerve disability of the right leg, both claimed as secondary to his service-connected myositis, are being remanded due to the need for additional medical records.

The Board has determined that the appellant's daughter, E. T. H., is not eligible for benefits as an adult helpless child of the veteran due to her marriage prior to November 1990 and subsequent divorce.

The Board has granted an initial rating of 10 percent for each service-connected knee disorder, effective from March 2002.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a final denial by the RO in August 1997, which found that he did not have valid military service as a member of the Philippine Commonwealth Army (USAFFE) or as a recognized guerrilla. The appellant submitted new evidence but it was deemed insufficient to reopen his claim.

The Board found that the veteran was partially at fault for accepting overpayments and denied a waiver of recovery of an overpayment of $927 in pension benefits.

The veteran's request for VA educational assistance for training completed between January 9, 2001, and May 12, 2001, and between August 21, 2001, and December 17, 2001, is denied as the enrollment certification was received more than one year after the completion of the training.

The Board denied the appellant's request to reopen her claim for nonservice-connected disability pension benefits, finding that new and material evidence had not been received.