Other conditions Board decisions

The Board denied the appellant's claim for accrued benefits due to financial assistance in purchasing an automobile, as such assistance is not a periodic monetary benefit and thus not an accrued benefit.

The veteran is seeking service connection for lupus, which he claims was incurred or had its onset during service due to exposure to Agent Orange. The case must be remanded for further development including a VA examination and obtaining relevant medical records.

The Board denied the veteran's claim for service connection for loss of teeth due to dental disease, finding that his condition did not meet the criteria for eligibility for VA outpatient dental treatment.

The VA determined that the veteran's subtotal gastric resection does not meet the criteria for a disability evaluation in excess of 40 percent, as his symptoms do not include severe pain only partially relieved by standard ulcer therapy, periodic vomiting, recurrent hematemesis or melena, with manifestations of anemia and weight loss productive of definite impairment of health.

The Board has decided to remand the case due to insufficient development and notification issues, including failure to comply with VCAA requirements. The VA must ensure full compliance with the enhanced duty-to-notify and duty-to-assist provisions enacted by the VCAA.

The Board has denied the claim of entitlement to service connection for the cause of the veteran's death due to an absence of the veteran's service medical records. The RO is instructed to request these records and associate them with the claims file.

The Board denied the veteran's claim for service connection for an eye disorder, finding that his compound hypertropic astigmatism and presbyopia are developmental disorders not related to service. The acquired cataracts, dry eyes, and macular degeneration were also found not to be incurred or aggravated by service.

The Board determined that the overpayment of $1,408.33 for educational assistance benefits was valid and denied the veteran's appeal.

The Board is remanding the case for additional development due to procedural issues and to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claim for an earlier effective date for a total disability rating based on individual unemployability will be addressed, as well as whether new and material evidence has been received to reopen his claim for service connection for a nervous condition.

The Board denied an increased rating for the veteran's right thumb condition, finding that prior to August 26, 2002, the disability did not warrant a higher than 10 percent rating. From August 26, 2002, the disability was rated as 10 percent disabling.

The veteran's claim for service connection for residuals of pneumonia is being remanded to the RO for further development, including a VA examination and compliance with the Veterans Claims Assistance Act of 2000.

The Board found no relationship between the veteran's squamous cell carcinoma of the oropharynx and in-service exposure to herbicides, and denied service connection for this condition.

The Board denied the veteran's application to reopen his previously denied claim of entitlement to service connection for multiple cancers (claimed as lymphosarcoma and lung cancer) due to exposure to X-ray radiation during active duty, finding no new and material evidence.

The veteran's claim of entitlement to service connection for atrial fibrillation is being remanded due to incomplete medical evidence and the need for a VA examination. The issue will be reconsidered after obtaining additional information and opinions.

The Board has determined that additional development is required in this case prior to any final appellate review, and the appeal is remanded to the RO for further action.

The Board has determined that the appellant did not timely file a notice of disagreement (NOD) regarding her claim for VA death benefits, and therefore lacks jurisdiction to consider this matter.

The Board determined that the appellant's deceased husband did not have qualifying service for VA benefits and therefore denied her claim.

The veteran's lung disorder, characterized as chronic left sided pulmonary effusion, is being remanded for additional development to determine its etiology and whether it was incurred during his active service.

The Board denied the veteran's claims of service connection for prostate enlargement, grade II with nodular pattern and solid nodule and lipoma due to forfeiture based on his fraudulent submission of false evidence.

The veteran's perforated diverticulum, sigmoid colon resection with colostomy, Hartmann's pouch, and frequent diarrhea-type bowel movements are considered to be the result of a VA-administered colonoscopy in January 1998. The Board finds that this additional disability was not reasonably foreseeable.