Other conditions decisions — 2003

The Board denied the veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, as his enrollment certification was received too late to qualify for retroactive payment.

The veteran's claim for service connection for dysthymia (claimed as mental stress and chronic depression) is being remanded due to the need for additional development, including compliance with VCAA requirements.

The veteran's application for tuition assistance under Chapter 30, Title 38, United States Code was timely filed and approved.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she did not live with the veteran in the last several years of his life and there was no evidence indicating fault on the part of the veteran.

The Board is remanding the case to gather additional evidence and review by a VA neurologist, including service records and post-service clinical assessments. The appellant must provide any relevant medical records she has.

The Board found no current diagnosed pancreas or other organs condition and thus denied the veteran's claims for service connection.

The veteran's request for reimbursement of a $237.00 test fee for a Series 6 SEC Investment Company Products/Variable Contracts Representative examination was denied because the test was not approved by VA, and the RO must now remand the case to determine if the test meets the requirements for reimbursement under Chapter 30 educational assistance benefits.

The Board denied the appellant's claims for nonservice-connected death pension benefits and accrued benefits due to her spouse not meeting the basic eligibility requirements.

The Board has remanded the case due to the need for a VA examination and additional development of evidence, including obtaining medical records and conducting an exposure assessment.

The Board has reopened the appellant's claim for nonservice-connected pension benefits due to new and material evidence. However, the appellant does not meet the threshold service eligibility requirements as his active duty was only from January 1961 to July 1961, which is insufficient for basic eligibility.

The Board found that the cause of death, bronchopneumonia due to respiratory tract infection, decubitus ulcer and post-stroke with hemiparesis, was not related to service or a service-connected disability. The appellant's claim for accrued benefits was denied as it was filed outside the one-year period.

The Board has dismissed the appeal as the veteran's representative withdrew his appeal on December 10, 2003.

The veteran's appeal is being remanded for further development due to the need for VCAA compliance and a VA examination.

The Board has granted service connection for the veteran's carcinoma of the rectum and sigmoid colon, status-post resection and permanent colostomy on a radiation-presumptive basis due to exposure during military service.

The VA determined that the veteran's postoperative sebaceous cyst on his right neck does not meet the criteria for a compensable evaluation.