Other conditions decisions — 2008

The Board found that the veteran's service-connected disability did not cause or contribute to his death. The Board concluded that the cause of death was aspiration pneumonia, which was attributed to dementia and other conditions.

The Board has remanded this case due to incomplete development of the foreseeability issue for a right heel decubitus ulcer. The appellant's claim will be deferred pending further development.

The Board has remanded the case for further development, including obtaining an addendum from a VA examiner regarding the relationship between the veteran's shell fragment wound to his left thigh and any current left knee impairments.

The veteran's claim for service connection for trench foot has been denied, and the appeal is dismissed due to the death of the veteran.

The Board has reopened the veteran's claim of service connection for chronic endometriosis and status post total hysterectomy, finding new evidence sufficient to reopen the case. The claim is granted as the disability is due to a pre-existing condition aggravated by active service.

The veteran's claims for service connection and increased ratings were denied. The Board found no new and material evidence to reopen the skin rash claim, and determined that his herniated nucleus pulposus of the lumbar spine was not incurred in or aggravated by active service. Service connection for irritable bowel syndrome was also denied.

The Board denied the veteran's claim to reopen his service connection for a stomach disorder, finding no new and material evidence since the last final denial in April 2000.

The Board has determined that the veteran's current left leg disorder is not related to service and therefore denied his claim for service connection.

The Board denied the veteran's appeal because he did not file a timely notice of disagreement with the April 21, 2003 rating decision regarding his claim for service connection for congenital spine defect.

The Board found no evidence of a pre-existing condition and concluded that the veteran's current bilateral pterygium did not develop during service. The claim was denied.

The Board has determined that service connection is not warranted for the veteran's claimed plasmacytomas, as there is no competent evidence of a nexus between his active service and these conditions.

The Board found that the appellant knowingly concealed his involvement with the Japanese-sponsored Bureau of Constabulary (BC), leading to a forfeiture of all rights, claims, and benefits under VA laws.

The Board denied the appellant's claim for basic eligibility for VA Dependency and Indemnity Compensation (DIC) benefits because her father had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, which is recognizable as service in the Armed Forces of the United States.

The Board found no evidence of a current bilateral lower leg disability and concluded that the veteran's claimed condition is not related to his military service.

The appellant's late spouse served with the Kauai Volunteers, which is not considered active military service for VA benefits purposes. Therefore, the claim for basic eligibility to receive VA DIC benefits is denied.

The veteran's application for enrollment in the VA healthcare system was denied due to his status as a nonservice-connected veteran and not being enrolled prior to January 17, 2003.

The Board has determined that additional development is needed to determine if the veteran's left eye keratoconus existed prior to service and was aggravated by service, or if it is related to service. The case will be returned for further action.

The Board finds that the veteran's bilateral chondromalacia patella is likely due to trauma in service and grants service connection for this condition.

The Board has denied the appellant's request to reopen her service connection claim for cause of death and her claim for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318.

The veteran was awarded a permanent and total disability rating based on service-connected disability, effective November 1, 2005. The appellant's daughter filed for Dependents' Educational Assistance benefits under Chapter 35 in March 2006. However, the appellant reached her 26th birthday before the effective date of the veteran's permanent and total disability rating, making her ineligible for DEA benefits.