Other conditions Board decisions

The Board has remanded the case for additional development due to incomplete consideration of certain documents.

The case is being remanded for further development to determine if the veteran's daughter has spina bifida or a form of it, as claimed.

The Board found no evidence of a current pulmonary disorder related to service, including asbestos exposure. The veteran's claim for service connection was denied.

The Board denied the veteran's claim for waiver of recovery of an overpayment of improved pension benefits in the amount of $3,019. The decision found that the debt was validly created and that recovery would not be against the principles of equity and good conscience.

The Board found that the veteran has the mental capacity to handle his own affairs, including disbursement of funds without limitation.

The Board of Veterans' Appeals (BVA) determined that the appellant's late husband did not have qualifying military service for VA benefits and therefore denied her claim for basic eligibility for Department of Veterans Affairs death benefits.

The Board has determined that the veteran's current pulmonary disease is not related to service and may not be presumed to have been incurred in service. The appeal for service connection for pulmonary disease is denied.

The VA determined that the veteran's death was not caused by a service-connected condition, and there is no evidence to support compensation under 38 U.S.C.A. § 1151 for treatment at a VA facility.

The Board has determined that the appellant may be recognized as the veteran's surviving spouse for VA benefits purposes, given her continuous cohabitation with him and her lack of knowledge about legal impediments to their marriage.

The Board found that the appellant could not be recognized as the veteran's surviving spouse for purposes of receiving Dependency and Indemnity Compensation (DIC) benefits due to a separation from 1991 onwards, which was not solely due to the fault of either party.

The Board has remanded the case to the RO for compliance with VCAA provisions, including notification and duty to assist requirements. The veteran's claim of entitlement to compensation for additional disability manifested by cerebrovascular accident under the provisions of 38 U.S.C.A. § 1151, and for service connection for cerebrovascular accident, claimed as secondary to service-connected PTSD, is now pending.

The Board has remanded the case due to incomplete VCAA notice and the need for a VA medical opinion regarding the cause of death. The appellant's claim is related to eligibility for Dependents' Educational Assistance under Chapter 35 of title 38 of the United States Code.

The Board has determined that the veteran's net worth exceeded the established limits for receipt of VA nonservice-connected pension benefits, and therefore denied the appellant's claim for accrued benefits.

The Board denied the veteran's application to reopen his previously denied claims of service connection for lung disability including pulmonary blastomycosis and a sinus disability, finding that no new and material evidence had been submitted.

The Board denied the appellant's claim for basic eligibility for VA nonservice-connected death pension benefits due to her spouse not having recognized service as a member of the Philippine Commonwealth Army, including recognized guerrillas in the service of the Armed Forces of the United States.

The Board found that the veteran's respiratory condition existed prior to service and was not aggravated by active service, thus denying his claim of entitlement to service connection for a respiratory condition.

The Board has remanded the case due to incomplete medical records and other procedural issues.

The Board dismissed the appellant's appeal as her Substantive Appeal was not filed within the required time frame, and thus lacked jurisdiction to consider the claim.

The Board has determined that the effective date for service connection of adenocarcinoma of the prostate should be October 20, 2000, as this aligns with when the veteran initially sought VA treatment and established a pending claim.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a left eye disability. The veteran's preexisting left eye disability was found to have been aggravated during active duty service, warranting service connection.