Other conditions decisions — 2003

The Board has ordered further development in the veteran's case due to pending issues and requested evidence. The appeal is currently on hold for additional review.

The veteran's appeal for educational assistance benefits under Chapter 30, Title 38, United States Code is denied as he did not meet the eligibility requirements based on his service.

The Board dismissed the appeal because the appellant died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits of this claim.

The veteran's claim for service connection for residuals of right leg muscle strain is being remanded to the RO for further review, including consideration of a March 2003 VA examination report and any additional evidence added to the record since the last Supplemental Statement of the Case.

The Board has determined that the veteran's reflex sympathetic dystrophy of the right upper extremity is currently rated at 40 percent, and a higher rating is not warranted.

The veteran's service connection claim for porphyria cutanea tarda, which he contends is related to his exposure to herbicides while serving in the Republic of Vietnam, was granted. The condition has been found to be attributable to military service.

The veteran's service-connected residuals of surgery for Morton's neuroma with scar, status post fracture of the right 4th metatarsal are currently manifested by painful right foot symptoms due to severe neuritis of the external popliteal (common peroneal) nerve. The Board has determined that a 30 percent evaluation is warranted.

The veteran's claim for a 10 percent rating based on multiple, non-compensable service connected disabilities is being remanded to the RO for additional development of his claims file and compliance with VA regulations.

The veteran's service connection claim for an acquired psychiatric disorder is being remanded due to the need for a VA examination.

The Board has ordered further development due to pending issues regarding the veteran's entitlement to special monthly pension based on the need for regular aid and attendance or by reason of being housebound. The case is now remanded for additional examinations and review.

The veteran withdrew his appeal before the Board could make a decision.

The veteran's combined rating for his service-connected conditions (enucleation of the left eye and chronic conjunctivitis) is 50%, which does not meet the criteria for a total disability rating based on individual unemployability.

The veteran is seeking an increased disability rating for his service-connected pilonidal cyst residuals. The case has been remanded to the RO for additional development, including obtaining medical records and scheduling a VA examination.

The Board has decided to remand the case for additional development due to procedural issues, and will consider the VCAA in its decision.

The Board has determined that the veteran's impotence is not related to service and denied his claim for service connection.

The VA has determined that the veteran's residuals of a shell fragment wound of the chest do not warrant an evaluation in excess of the current 20 percent rating.

The Board has determined that the veteran acquired strongyloides stercoralis during his service in China, which contributed to his death from respiratory failure. Therefore, service connection for the cause of the veteran's death is granted.

The Board has determined that the appellant does not have a chronic respiratory disability, a disability manifested by an irregular heartbeat, or a disability manifested by joint stiffness or poor circulation that was incurred in service. The evidence does not support a finding of continuity of symptoms following service.

The Board denied the veteran's claims for a rating in excess of 60 percent for his service-connected bronchial adenoma, carinoid type, status post left pneumonectomy and a total disability rating based on unemployability due to service-connected disabilities.

The Board found that the veteran's non-small cell carcinoma of the left lung did not develop during military service or within one year following his discharge, and could not be presumed to have been incurred due to exposure to ionizing radiation. The preponderance of evidence supported the conclusion that the disability was unlikely attributable to such exposure.