Other conditions decisions — 2006

The veteran's appeal is being remanded for additional development, including a neurological examination to assess the relationship between his current neurological symptoms and his service-connected cervical spine disability.

The Board has decided to remand the veteran's claims for increased evaluations of his service-connected shell fragment wounds to the right hand and elbow due to a lack of recent medical examination, and requests that he provide additional evidence.

The veteran's high cholesterol is not considered a disability for which service connection may be granted.

The Board has denied the veteran's claim for service connection for residuals of flashburn injuries to the eyes, finding no clinical evidence of such disabilities during or after service. The issue of an increased initial rating for a deviated nasal septum remains in appellate status.

The veteran's limb girdle muscular dystrophy is found to have begun during her period of active service and was aggravated by it, thus granting service connection.

The Board has decided to remand the case for further development, including a VA examination and opinion regarding the veteran's sinus condition.

The Board has determined that the appellant does not have qualifying service to be considered a 'veteran' for VA purposes, and thus is not eligible for VA benefits.

The veteran died in July 2001 and was not receiving VA compensation or pension benefits at the time of his death. His claim for service connection for cancer had been denied, but he did have a pending claim. The Board found that there was insufficient evidence to warrant entitlement to compensation or pension prior to his death. Therefore, burial benefits were denied.

The Board found no evidence of a chronic lung condition in service and concluded that the veteran's current pulmonary fibrosis is not related to his military service, including exposure to asbestos or sand.

The veteran's claims for increased ratings and effective dates were denied. The Board found that the evidence did not meet the criteria for a higher rating or an earlier effective date.

The Board dismissed the appeal because the appellant did not file a timely substantive appeal regarding the May 2002 rating decision denying service connection for cause of the veteran's death.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the veteran's service-connected membranous nephritis.

The veteran's death was not service-connected, and the appellant did not file a claim for DIC benefits in her own right until July 2002. She is therefore denied retroactive DIC payments.

The Board has denied the veteran's claims for service connection for spinal meningitis and blood clots as there is no medical evidence of a nexus to service.

The veteran's service is not considered qualifying active military service, and therefore he is ineligible for nonservice-connected pension benefits.

The Board has determined that the veteran's cause of death, glioblastoma, was not caused by or contributed to by his service-connected conditions. The brain tumor is not considered related to herbicide exposure in Vietnam as there is no presumption for such a condition under VA regulations.

The Board found that the appellant forfeited all rights, claims, and benefits under VA laws due to his involvement with the Japanese-sponsored and controlled Bureau of Constabulary (BC), which rendered assistance to an enemy of the United States.

The veteran is seeking an increased evaluation for his service-connected back strain with bulging disc, but the RO has denied this request. The Board has ordered additional development to determine if there are any new or updated medical records that could support a higher rating.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at Aurora Baycare Medical Center from March 26, 2003 to April 9, 2003 was denied as the treatment did not meet the criteria for emergency services under VA regulations.

The veteran's claim for an earlier effective date for the grant of service connection for multiple myeloma is denied as there was no prior correspondence regarding this condition before May 20, 2003.