Other conditions decisions — 2001

The Board has determined that it is at least as likely as not that the appellant's bilateral defective hearing is related to in-service noise exposure, and thus grants service connection for this condition.

The Board has reopened the veteran's claim for service connection for a blood disorder, including anemia. However, further development is needed to determine if there is a nexus between his current anemia and his military service.

The veteran's claimed thoracic spine disability was not shown in service or within a year after service, and there is no evidence linking the condition to his military service. The Board denied the claim for service connection.

The Board has reopened the veteran's claim for service connection for residuals of a right foot injury and granted entitlement to service connection for a right foot amputation secondary to that condition.

The March 1998 Board decision denied an increased evaluation for the veteran's shell fragment wound, left deltoid. The evidence at that time supported a finding of moderate disability.

The Board denied the veteran's claims for service connection for a liver condition and a duodenal ulcer, as well as his claim for an increased rating for dermatophytosis of the feet. The evidence did not support these claims.

The Board denied service connection for the cause of death due to lack of evidence linking the veteran's death to his service-connected disabilities. The DIC benefits claim under 38 U.S.C.A. § 1318 was also denied as there is no indication that the veteran would have been entitled to receive such compensation but for CUE in previous decisions. Accrued benefits claims were not met due to lack of evidence showing entitlement.

The veteran's appeal is denied as she does not meet the basic eligibility criteria for Chapter 30 educational assistance benefits.

The Board has reopened the veteran's claim of service connection for an eye disability due to new and material evidence. The Board also finds that the veteran's in-service duties as a welder likely contributed to his development of early cataracts, leading to aphakia and retinal detachments.

The veteran's appeal is denied as she does not meet the eligibility criteria for Chapter 30 educational assistance benefits under the provisions of 38 U.S.C.A. § 3011 and 38 C.F.R. § 21.7045.

The veteran's appeal is being remanded for further evaluation of his shell fragment wound disabilities, including a VA examination to assess the severity and functional impairment.

The veteran's claims for increased evaluations of his service-connected bilateral tibia stress fractures and secondary service connection for hip disorders were denied by the RO. The case is remanded to obtain additional medical records, schedule the veteran for an orthopedic examination, and review whether there was clear and unmistakable error in a previous rating decision.

The Board has granted increased ratings of 20% for postoperative residuals of a right major rotator cuff tear and 30% for residuals of a ruptured right major biceps tendon, effective from the day following discharge from service.

The Board has granted a 10% evaluation for the veteran's right fifth finger disability, which is currently rated as ankylosis of the proximal interphalangeal joint with a hypersensitive scar. The maximum schedular rating under Diagnostic Code 7804 was assigned.

The veteran's claim for nonservice-connected pension benefits is denied as he was incarcerated and not in receipt of VA compensation or pension at the time.

The veteran's bilateral patellofemoral syndrome is productive of mild functional loss due to pain and crepitance without recurrent subluxation or lateral instability, warranting a 10% disability rating.

The Board denied service connection for the cause of death due to heart failure, which was not related to any service-connected condition. The Board found that there was no organic heart disease present at the time of service and that gastrointestinal issues were unrelated to service.

The Board denied appellant's claim as she is not the veteran's surviving spouse for VA purposes.

The VA has determined that the veteran's service-connected bilateral defective hearing does not meet the criteria for a compensable evaluation.

The Board has determined that the appellant does not have qualifying service for pension benefits and therefore denies the claim.