Other conditions decisions — 2007

The Board found that the veteran's death was not due to a service-connected disability or his active service, including exposure to radiation. The cause of death was sepsis due to cellulitis and metastatic transitional cell carcinoma.

The Board found that the veteran's death was not caused by his service-connected disabilities and did not meet the basic eligibility requirements for VA pension benefits.

The Board has determined that the appellant, who is seeking reinstatement of DIC benefits, does not qualify as a surviving spouse due to her ongoing marital relationship with another individual (C.S.) and therefore denies her claim.

The Board found that the veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by his active duty service, and thus denied both claims for service connection and nonservice-connected death pension benefits.

The Board has determined that the veteran's entire period of service should be considered as one continuous period, with his initial term being under conditions other than dishonorable and his subsequent term being under dishonorable conditions. The cause of death is granted due to presumptive service connection for multiple myeloma based on exposure to Agent Orange during active military service in Vietnam.

The case is being remanded due to incomplete records and unclear information. The veteran's claims file needs to be clarified, including obtaining VA treatment records from October 2000 and the 'clinical review' mentioned in the Statement of the Case.

The Board has remanded the case due to a lack of medical opinion regarding whether the veteran's death from pancreatic cancer was related to his presumed in-service exposure to Agent Orange.

The veteran's claims for secondary service connection and increased ratings were denied, while his claim for a higher rating for the right thigh disability was granted.

The Board found that the veteran's right and left foot/heel disabilities did not have their onset during active service or result from disease or injury in service, and thus denied his claims for service connection.

The Board denied service connection for a lung disorder secondary to asbestos exposure, finding no persuasive evidence of such exposure or a chronic lung disorder due to it.

The veteran's service-connected residuals of shell fragment wounds to the right buttock and gunshot wounds to the left lumbar region are evaluated at 20 percent. The veteran is not entitled to a higher evaluation for these conditions.

The Board denied the appellant's claim to reopen his character of discharge for service from November 26, 1965 to March 25, 1969, finding no new and material evidence.

The Board has determined that the appellant does not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, she is not eligible for VA nonservice-connected pension benefits.

The veteran's service with the New Philippine Scouts is not considered active military service for pension purposes, and there is no evidence of other recognized service. The appellant does not meet the basic eligibility requirements for nonservice-connected death pension.

The Board has denied the veteran's claim of service connection for a right foot injury, finding that there is no current disability and insufficient medical evidence to support an etiological link between his in-service injury and any present condition.

The Board denied the veteran's claim for an effective date prior to July 22, 1953 for the grant of service connection for a duodenal ulcer. The decision found that the October 14, 1953 rating decision was not based on CUE.

The veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected foot disability, which includes dermatophytosis and onychomycosis. The claim will be reconsidered after this additional evaluation.

The Board has decided to remand the case for further development, including obtaining medical opinions and records.

The Board has granted an initial rating of 20 percent for the service-connected status post fractures of the right middle and little fingers, effective from the date of service connection.

The veteran's death was not caused by a service-connected disability, and he did not meet the requirements for educational assistance under Chapter 35. The appeal is denied.