Other conditions decisions — 2003

The Board of Veterans' Appeals has determined that the veteran's obstructive ventilatory disease, diagnosed since March 1997, is a result of his military service and grants service connection for this condition.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for specific actions, including obtaining medical records and arranging for an orthopedic examination.

The veteran's claim for a 100 percent schedular rating was denied. His claims for service connection for right knee and right ankle disorders were granted with an effective date of March 29, 1999.

The Board has remanded the case for compliance with the Veterans Claims Assistance Act of 2000 and to ensure that all available service medical records, including hospital records from Fort Jackson, South Carolina, have been obtained and associated with the claims folder.

The Board denied the veteran's claim for service connection for residuals of a head injury. The case is being remanded to obtain updated medical records and provide the veteran with notice regarding what evidence he needs to submit.

The Board has remanded the case for further development due to inadequate notice and assistance provided to the veteran.

The Board denied the veteran's claims for service connection for shin splints and a rating increase for dysfunctional uterine bleeding, finding no evidence of a chronic condition for shin splints and insufficient evidence to warrant a higher rating for DUB.

The veteran's claim for service connection for peptic ulcer disease was granted in an October 2002 rating decision, and the appeal is dismissed without prejudice.

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU).

The Board denied the veteran's claims for an effective date prior to January 29, 1991 for special monthly compensation (SMC) based on loss of use of his right hand and TDIU. The RO based its decision solely upon the date of receipt of the veteran's claim for service connection.

The Board denied the veteran's claim for service connection for chronic obstructive lung disease with hypoxemia, finding that there was no evidence to support a finding of nicotine dependence or in-service tobacco use causing his current disability.

The veteran is eligible for compensation for disability attributable to pancytopenia resulting from VA medical treatment.

The veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of these claims.

The Board denied service connection for the cause of the veteran's death, finding that his respiratory insufficiency, pulmonary metastasis, and colon carcinoma were not related to his military service or any other incident therein.

The Board found that the veteran's pre-existing left elbow disorder was aggravated by his active service, warranting service connection.

The veteran's skin disability and post-operative residuals of duodenal ulcer were granted service connection. The effective date for the increased rating to 20 percent for post-operative residuals of duodenal ulcer was set at October 7, 1997.

The veteran's duodenal ulcer, post-operative subtotal gastrectomy, has been productive of severe symptomatology and the veteran is already in receipt of the highest schedular evaluation available for this disability. The Board determined that there was no provision for an assignment of an increased rating as he is already in receipt of the highest schedular rating available under the appropriate rating codes.

The veteran's appeal was denied for a 10 percent rating for his ganglion cyst on the left hand and service connection for cysts of the right index finger, left jaw, and left forearm.

The Board has determined that additional development is needed and the case is remanded for further actions.

The Board found no evidence of a current disability related to service and denied the veteran's claim for service connection.