Other conditions Board decisions

The Board found that the veteran's residuals of fractures of the left tibia were not incurred in or aggravated by active military service.

The Board has remanded the case due to new and material evidence, but further development is needed including a VA examination.

The Board found that the termination of apportionment of the veteran's pension benefits to his estranged spouse was proper due to their income exceeding the maximum annual pension rate. The appellant's claim for an increase in the apportionment was denied as she had not provided sufficient evidence of her employment and earnings.

The Board denied the veteran's claims for service connection for sebaceous cysts over the facial area and a bilateral hearing loss disability, finding no evidence of such conditions related to his military service.

The Board denied the veteran's claim of reopening his service connection for squamous cell carcinoma of the right tonsil, including as a result of exposure to herbicides. The evidence received since the April 2000 rating decision was found to be cumulative or redundant and did not address the basis for the previous denial.

The Board has denied the veteran's claim for service connection for peripheral vascular disease, finding that it is not related to his service-connected varicose veins.

The veteran's death was due to non-service-connected lung cancer. At the time of his death, he had a service-connected eye condition rated at 60 percent and in receipt of a TDIU rating based on this condition. The claim for DIC under 38 U.S.C.A. § 1318 is denied as the veteran did not meet the requirement of having been entitled to receive total compensation benefits from at least 10 years before his death.

The veteran's claim for an increased rating for his residuals of squamous cell carcinoma of the right lower lobe lung, post-operative right lower lobectomy was denied by the RO.

The VA determined that the veteran's residuals of a gunshot wound to the chest do not warrant an increased evaluation beyond the current 20 percent rating.

The Board has determined that the veteran's claimed conditions are not related to his military service, including exposure to herbicides. As a result, the claims for service connection have been denied.

The Board found that the appellant did not submit new and material evidence to reopen his claim of basic eligibility for VA disability benefits, as his previous denial was final due to lack of qualifying service. The appeal is denied.

The Board found that the veteran does not currently suffer from post-polio syndrome and there is no evidence to suggest his poliomyelitis residuals increased during service. The medical expert's opinion supported this conclusion, stating it was at least as likely as not that the veteran did not have a post-polio syndrome.

The Board found that the respiratory disability and cognitive impairment were not caused by VA hospitalization and treatment, as there was no evidence of carelessness, negligence, or error in judgment on the part of VA. The veteran's conditions are deemed to be unrelated to her VA treatment.

The veteran's death was caused by a cerebrovascular accident, not related to service-connected disability. The appellant did not meet the criteria for VA burial benefits.

The veteran's claim for service connection for head and neck squamous cell carcinoma, which he claims is related to his military service including exposure to herbicides, has been remanded due to the need for a comprehensive VA examination.

The Board found that the cause of the veteran's death was not incurred in or aggravated by active service, nor is it due to a service-connected disability. The encephalalgia did not contribute substantially or materially to his development of AIDS.

The Board has found new and material evidence to reopen the veteran's claim for service connection for residuals of pneumonia, which was previously denied in 1966. The case is now remanded for further development.

The veteran is seeking a compensable evaluation for his service-connected malaria since July 21, 2001. The case has been remanded due to the need for additional development and notification under the VCAA.

The Board has granted service connection for a skin disability effective January 17, 2001. The veteran's claim is based on new and material evidence submitted after the March 1982 denial of service connection.

The veteran's second wife, who was legally married to him at the time of his death, is receiving DIC benefits. The appellant, the veteran's ex-wife, cannot be recognized as his legal spouse for purposes of receiving VA compensation due to her current marriage.