Other conditions decisions — 2004

The Board has remanded the case due to inadequate VCAA notice and is requesting additional development.

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 denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for an incisional hernia resulting from coronary artery bypass surgery in September 1996.

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 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 veteran is seeking financial assistance for specially adapted housing due to service-connected disabilities. However, the claim cannot be fully adjudicated without determining if there is a loss of use in one lower extremity.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death from a dissecting aortic aneurism.

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 veteran's claim for eligibility to VA educational assistance benefits under Chapter 30, Title 38, United States Code was denied because he did not meet the criteria for converting his VEAP/Chapter 32 benefits to Chapter 30 benefits. The Board found that he was not a participant in VEAP/Chapter 32 on October 9, 1996 and did not satisfy other eligibility requirements.

The Board has determined that the veteran does not have a current chronic hip disorder separate and distinct from his service-connected fibromyalgia, thus denying service connection for right and left hip disorders.

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 found that the veteran's spouse is not in need of regular aid and attendance or housebound, as she can perform daily activities independently.

The Board has remanded the case for additional development, including obtaining medical records and clarifying the veteran's claims.

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 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.