Other conditions Board decisions

The Board finds that the veteran's gastrointestinal disorder is not proximately due to or the result of his service-connected PTSD. The preponderance of evidence does not support a finding that the veteran's current gastrointestinal disability is related to his military service.

The Board has determined that the veteran's cause of death was due to his in-service tobacco use, which contributed substantially to his terminal lung disability.

The Board denied the veteran's request for waiver of recovery of an overpayment of pension benefits in the amount of $20,192.30 due to bad faith on his part.

The Board has remanded the case for further development due to failure to apply provisions of VCAA.

The Board finds that the veteran did not timely file a Substantive Appeal to either the May or September 1998 rating decisions, and therefore lacks jurisdiction over these decisions.

The Board found no evidence linking the veteran's current lung disorder to his service, including any exposure to toxic gas. The claim for service connection was denied.

The VA determined that the veteran's hallux valgus of the left foot warranted a rating of 20 percent, effective as of the date of the initial decision in May 1998.

The Board has remanded the case due to procedural deficiencies and the need for further development, including obtaining medical records from the veteran's treatment at the Wilkes-Barre VA Medical Center.

The veteran's request for a compensable evaluation for malaria was denied as there is no evidence of active malaria or its residuals.

The Board has remanded the case for additional development due to failure to provide appropriate notice of the Veterans Claims Assistance Act of 2000 (VCAA) and obtain pertinent VA medical records.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death, and thus denied all claims.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for the requested development.

The Board has granted service connection for disability of the left lower extremity, manifested by cramps and muscle spasms. The other issues related to increased ratings have been remanded for further development.

The Board denied service connection for both the veteran's status post spina bifida occult with urinary retention and his cardiac arrhythmia, finding that these conditions preexisted service. The claim of entitlement to a TDIU was also denied as the veteran had no service-connected disabilities.

The veteran's claim for an evaluation greater than 50 percent for PTSD is being remanded due to the need for additional evidence and a comprehensive social survey.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a digestive disorder. The claim will now be reviewed on its merits.

The veteran's death was not caused by any service-connected disability, and he did not have qualifying service for VA pension benefits. His claims for prostate cancer, intestinal cancer, coronary insufficiency with heart failure, cholera, and vertigo were denied as there is no evidence of these conditions in service or within one year post-service.

The Board found that the veteran's interstitial fibrosis is manifested by Forced Vital Capacity values of greater than 80 percent and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO) of greater than 80 percent since November 19, 1996. However, these values do not meet the criteria for a compensable evaluation under Diagnostic Code 6825.

The Board has determined that the veteran possessed testamentary capacity on July 20, 1998 and that the Appellees are entitled to the proceeds of his National Service Life Insurance policies.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for a cerebrovascular accident with residual paralysis of the right lower extremity resulting from a November 2001 VA surgery. The RO has requested additional medical opinions and records to determine if any negligence occurred.