Other conditions Board decisions

The Board denied the appellant's claim for basic eligibility to VA benefits due to her late husband not having qualifying service as a veteran.

The Board denied the appellant's claim for non-service-connected pension benefits as he did not have active service during a period of war.

The Board denied the veteran's request for a waiver of recovery of overpayments in amounts of $5,496 and $2,842 due to untimely submission of requests.

The Board denied the appellant's claim for basic eligibility for VA pension benefits based on service with the Philippine Scouts, finding that he did not meet the legal definition of a veteran as per 38 U.S.C.A. § 101(2) and 38 C.F.R. § 3.1(d).

The Board has determined that the veteran's death was caused by congestive heart failure, which is service-connected due to his prior diagnosis of syphilis during service. The appellant is also granted Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code.

The Board has decided to remand the case for additional development due to incomplete service medical records and a need to obtain more information from the veteran.

The VA determined that the veteran's service-connected gunshot wound to the left lower leg, muscle group XI, does not warrant a rating higher than 10 percent.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Lourdes Hospital from July 18, 2000 to January 3, 2001 was dismissed due to his death before the appeal could be adjudicated.

The Board found that the veteran's dysthymic disorder did not meet the criteria for a disability rating in excess of 10 percent.

The Board has remanded the case for further development and consideration due to procedural issues.

The veteran's appeal is being remanded due to a deficiency in the Board's September 2002 decision regarding notification of the VCAA requirements.

The VA has determined that the veteran's residuals of a shell fragment wound of the left lower back area do not warrant a rating in excess of 40 percent.

The veteran's claims for service connection for skin disorders and multiple joint disabilities, as well as his eligibility for Dependents' Education Assistance (DEA) under Chapter 35 of the United States Code, were denied. The Board found no evidence to support these claims.

The Board has determined that the reduction in disability evaluation from 100% to 60% for pigmented villonodular synovitis of the left hip is improper due to a lack of proper examination and medical evidence supporting the reduction.

The Board has ordered the VA to obtain a postmortem examination report for the veteran's death, which is still not in the record. The claim will be remanded until this information is obtained.

The Board found that the cause of the veteran's death, squamous cell carcinoma of the neck, is not related to his active military service or exposure to Agent Orange. The cancer was not included in the list of diseases presumed to be associated with exposure to Agent Orange and it is not considered a soft-tissue sarcoma.

The Board denied the veteran's claim for service connection for chest pain, finding no evidence of a current disability and concluding that any chest pain is likely due to gastroesophageal reflux disease (GERD).

The VA determined that there is no evidence of a diagnosed PTSD and thus denied the veteran's claim for service connection.

The Board found that the veteran's current left leg cellulitis is not related to his military service and denied the claim for service connection.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) as there was no credible evidence to support his claimed in-service stressors and he did not engage in combat with the enemy.