Other conditions decisions — 2009

The Board has determined that the Veteran's osteomyelitis pre-existed service and increased in severity during service, warranting service connection. The residuals of shell fragment wound are not supported by evidence of a direct relationship to service.

The Veteran died due to respiratory failure, sepsis, and a hemorrhagic stroke. The Board found that his service-connected disabilities did not contribute substantially or materially to the cause of death.

The Board denied the Veteran's claims for service connection for exposure to Agent Orange and benign prostatic hyperplasia, finding that there was no evidence of a current disability or link to service. The Veteran's BPH was not shown in service or for many years thereafter, and there is no presumption linking it to herbicide exposure.

The Veteran's service-connected malaria is inactive and does not cause any residuals. As a result, the claim for an increased rating for malaria was denied.

The Veteran's additional disability, including numbness in the lower extremities and muscle spasms of the right calf, is not attributable to VA hospital care or treatment. The Board finds that there was no negligence or fault on the part of VA.

The Board denied the Veteran's claim for service connection for a cardiovascular disorder, finding that there was no medical nexus between his current condition and active duty service.

The Board has determined that the Veteran does not have a current cardiovascular disorder related to service, and therefore denied his claim for service connection.

The Board has denied service connection for malaria, but granted service connection for a fungal toenail infection. The Veteran's current diagnosis of a fungal toenail infection is supported by post-service medical records.

The Veteran's cause of death was granted effective from February 1, 2005.

The Veteran's service as a member of the recognized guerillas and the Regular Philippine Army does not qualify for VA pension benefits.

The Veteran is seeking increased ratings for his service-connected residuals of a shell fragment wound, an earlier effective date for the rating, and service connection for additional disabilities. The case must be remanded to obtain missing service treatment records, provide proper VCAA notice, and schedule the Veteran for VA examinations.

The Board denied the appellant's claim for basic eligibility for VA nonservice-connected death pension benefits because the evidence submitted did not establish that her husband served in a regular component of the active military, naval, or air service of the United States Armed Forces for a period of 90 days or more during wartime.

The Veteran does not have a diagnosed skin disorder and there is no competent evidence attributing his current condition to service, including presumed exposure to Agent Orange. The claim for service connection is denied.

The Board found that the Veteran's cause of death (sepsis and pneumonia) was not caused by or related to his military service or any service-connected conditions.

The appellant is not recognized as the surviving spouse of the Veteran for VA purposes due to a lack of valid marriage and her knowledge of the legal impediment.

The Board denied the appellant's claim for an earlier effective date for apportionment of her husband's VA benefits, finding that no legal basis existed to award such a date as the pertinent facts were not in dispute and the law was dispositive.

The Veteran claims compensation for additional disability of his back due to VA surgery in September 1995. The Board has ordered remand for further development, including obtaining informed consent records and a medical examination.

The Board has remanded the case for further development, including obtaining information on the Veteran's alcohol use and HPV infection. The Veteran is also to be examined by a medical doctor to determine if his carcinoma of the right tonsil is related to herbicide exposure.

The Veteran's daughter is not eligible for Survivors' and Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to her reaching the age of 26 before the effective date of the permanent and total disability rating.

The Veteran's appeals for increased ratings were denied as his conditions did not meet the criteria for higher evaluations under the applicable rating schedule.