Other conditions Board decisions

The Board determined that the appellant's deceased spouse did not have valid service in the Armed Forces of the United States, and therefore she is not eligible for VA death benefits.

The Board found that the veteran's spouse is not helpless enough to require regular aid and attendance, thus denying her claim for special monthly compensation based on need for regular aid and attendance.

The Board has remanded the case for further development and reconsideration of whether the overpayment of disability compensation benefits was properly created.

The VA determined that the appellant's award of DIC benefits under the provisions of 38 U.S.C.A. § 1151 was subject to offset in the amount of the Compromise Settlement of $75,000.00 due to her entering into the settlement agreement as a personal representative of the veteran's estate.

The Board denied the appellant's claim for an increased rating for his left eye disability, finding that the current evaluation of 30 percent is appropriate given the evidence showing only light perception in one eye and 20/30 vision in the other.

The Board found that the appellant's right elbow disability, manifested by pain and stiffness but without deformity or limitation of motion, does not warrant a rating greater than 10 percent. The appeal is denied.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service, as determined by the service department.

The Board determined that the appellant did not have active military service and therefore, was not eligible for VA benefits. The claim is denied.

The Board has dismissed the appeal because the veteran died during the pendency of the appeal and thus, the Board does not have jurisdiction to adjudicate the merits of this claim.

The Board has granted an increased rating for the veteran's peptic ulcer disease from 10 percent to 20 percent.

The Board granted service connection for porphyria cutanea tarda and assigned a 30 percent disability evaluation, effective January 3, 2003. The veteran's claim for an initial evaluation in excess of 30 percent was denied.

The Board has decided to remand the case for additional development, including obtaining SSA records and VA treatment records.

The appellant's claim is denied as he had no qualifying service in the Armed Forces of the United States and therefore is not eligible for VA benefits.

The Board denied the appellant's claim for basic eligibility for VA nonservice-connected pension benefits due to a lack of recognized active military service.

The veteran's appeal is being remanded to the RO for additional development, including obtaining his VA vocational rehabilitation folder and clinical records from a private psychologist. He will also be scheduled for an examination to assess the severity of his service-connected dysthymic disorder.

The Board found no evidence linking the veteran's esophageal adenocarcinoma to his service or any service-connected disability, and denied service connection for the cause of death.

The Board found that the veteran's income was excessive for VA improved pension benefits, as his countable annual income exceeded the maximum allowable rate of $9,690 per year.

The veteran's claim for service connection for residuals of adenocarcinoma of the lung, status-post right lower lobe resection is being remanded due to incomplete development and notification issues.

The Board found that the veteran's erectile dysfunction is not proximately due to or aggravated by his service-connected prostatitis or schizoaffective disorder, and thus denied entitlement to special monthly compensation based on loss of use of a creative organ.

The Board denied the claim of service connection for the cause of death due to dissecting aortic aneurysm, finding that neither the service-connected PTSD nor any other condition caused or contributed substantially to the veteran's death.