Other conditions decisions — 2001

The Board denied the reopening of a claim for service connection for a sinus disorder due to lack of new and material evidence. The veteran's appeal was dismissed.

The appellant does not have qualifying 'active service' for purposes of VA pension benefits and therefore is denied basic eligibility for non-service-connected disability or 'old age' pension.

The veteran's claim for a permanent and total disability rating for nonservice-connected disability for pension purposes is being remanded due to the need for additional medical records, including VA treatment records from August 1996. The RO must ensure all notification and development action required by the VCAA are fully complied with.

The Board denied the veteran's claims for service connection for bilateral cataracts, increased ratings for malaria and dysentery, and an increased rating for duodenal ulcer disease. The conditions were not shown to be related to active service or any inservice injury.

The veteran's appeal was denied as his claim for a compensable evaluation for residuals of left femur fracture and femoral vein laceration was not granted.

The Board is remanding the case to allow for additional development of the record, including obtaining relevant VA records and contacting A. W., the appellant's mother, regarding her knowledge concerning the events surrounding the payment of DIC benefits.

The Board denied the veteran's claims for service connection for chest pain and skin rash, finding no new and material evidence to reopen the latter claim.

The Board has denied the veteran's claims for service connection for a skin disorder of the hands and a respiratory disorder, including bronchiectasis. The decision also dismissed his claim for a compensable evaluation for tinea pedis.

The Board has determined that the evidence received since the June 1994 RO decision is not new and material, thus denying the veteran's request to reopen his claim for service connection for hair loss as a result of exposure to herbicides.

The Board has determined that the veteran's dysthymic disorder does not warrant an evaluation in excess of 70 percent, and his claim for a total rating based on individual unemployability due to service-connected disability is denied.

The Board has determined that the appellant's spouse did not have qualifying military service, and therefore, she is not eligible for VA benefits.

The Board has reopened the veteran's claim for service connection for intermittent exotropia due to new and material evidence provided since the last denial in July 1995. The VA examiner concluded that the veteran's eye disability was a natural progression of his pre-service condition, but also noted that recent physical examination showed continued presence of eye problems including exotropia.

The Board denied the veteran's claims of service connection for chorioretinitis and uveitis, with blindness, as well as his claim for benefits under 38 U.S.C.A. § 1151 for these conditions.

The Board found that the veteran's July 5, 1973 claim for VA disability pension reasonably raised the issue of entitlement to compensation under 38 U.S.C.A. § 1151 and awarded an effective date of July 5, 1973.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service in the United States Armed Forces.

The Board denied the veteran's claim for service connection for a bilateral foot disorder, finding that there was no competent evidence relating the current disability to service.

The VA denied the appellant's claim as her late husband did not have certified military service in the United States Armed Forces, including service with the Philippine Commonwealth Army or recognized guerrillas.

The Board denied the veteran's claim for an increased rating for his service-connected right knee disorder, finding that the disability did not meet the criteria for a higher than 10 percent rating.

The Board has assigned a 10 percent rating for the veteran's compression deformity at T7, effective from February 1994. The disability is currently manifested by subjective complaints of pain without significant limitation of motion.

The veteran is seeking an earlier effective date for the assignment of a 20 percent rating for his service-connected left toe disorder, which was granted in November 2000. The RO assigned a November 4, 2000, effective date based on the medical evidence showing that the criteria for the 20 percent evaluation were met.