Other conditions decisions — 2003

The veteran's claim for an earlier effective date of August 1, 1997 for the grant of service connection for post-operative spinal stenosis of L4-5 is granted. The RO must also consider his challenge to the finality of the August 1955 rating decision.

The Board has ordered further development in the veteran's case, including additional medical examinations and evidence collection. The appeal is currently remanded to allow for these steps.

The VA has granted a 20 percent rating for the veteran's postoperative residuals of left femur fracture effective from September 24, 2001.

The Board found that the VA properly calculated the veteran's improved pension benefits for the period of August 1, 1993 to December 31, 1994 using the method which was more favorable to him.

The Board found that the veteran's left eye disorder did not originate in service and denied his claim.

The Board has determined that the veteran's postoperative residuals of a left eye retinal attachment repair are not due to fault on the part of VA, and therefore compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Board has denied the veteran's claims for service connection for left eye and right leg disorders, finding that there is no evidence linking these conditions to his military service.

The Board of Veterans' Appeals has determined that the veteran's death was caused by his own willful misconduct, specifically intoxication due to alcohol consumption. The cause of death is not service-connected.

The veteran seeks service connection for a lung disorder, specifically pneumothorax, claimed as residuals of welding fumes. The Board has determined that additional development is needed to fully consider the claim.

The VA has decided that the claim for service connection of the residuals of a neck injury should be remanded due to failure to fulfill VCAA requirements.

The Board has remanded the case for additional development, including obtaining a VA compensation and pension physical examination to evaluate the veteran's service-connected hypoplastic anemia. The veteran is also advised that failure to report for this examination may result in denial of his claim.

The veteran's appeal involves two issues: a request for an increased rating for bilateral varicose veins and the assignment of an effective date earlier than January 12, 1998 for his total disability rating based on individual unemployability. The Board has determined that both issues are related to service-connected conditions.

The Board found no evidence of mustard gas exposure during service and concluded that the veteran's current disabilities are not related to such exposure.

The Board granted a 20 percent rating for the veteran's right retinal artery occlusion with resultant loss of visual field from January 15, 1993 to July 25, 2001. The RO awarded a 20 percent evaluation for the disability effective from July 26, 2001.

The Board found that the veteran's children do not reside with him and he does not reasonably discharge his responsibility for their support, leading to a denial of apportionment of his pension benefits.

The Board denied service connection for memory loss, irritability and sleep problems, aching joints, skin rashes, and fatigue. The appeal is not about service connection at all.

The Board has determined that the veteran's lung disorder, including emphysema and lung disorder, was not incurred in or aggravated by active service. The claim is denied.

The Board has ordered further development due to the need for additional evidence. The case is now remanded back to the RO for consideration of the new evidence and a determination on the increased disability evaluation claim.

The Board found that the veteran's esophageal cancer, which caused his death, was not related to Agent Orange exposure and denied service connection for the cause of death.

The Board denied the veteran's claim for an earlier effective date for an increased rating for residuals of frozen feet and hands, finding no basis in law to support such a request.