Other conditions decisions — 2003

The veteran's L4-L5 herniated nucleus pulposus with degenerative changes at L4-L5 and L5-S1 was initially rated as 10 percent disabling from October 1, 1994 to July 15, 1998. From July 16, 1998 to April 17, 2001, the disability warranted a 20 percent rating. Since April 18, 2001, the veteran's condition has not met the criteria for a higher rating.

The Board denied a rating in excess of 40 percent for the veteran's service-connected post-operative ventral hernias, currently evaluated as 40 percent disabling.

The Board found that the veteran's right hand and arm disabilities are not proximately due to or the result of his service-connected conditions. The claim for an increased rating for his right clavicle disability was granted, but at a lower level (10% instead of 20%) as per VA regulations.

The Board denied service connection for chronic myelogenous leukemia and the cause of death due to this condition, finding no evidence linking it to service or Agent Orange exposure.

The veteran's right arm disability is rated at 50 percent, and his left thigh disability remains at 10 percent. The claims for increased ratings are granted.

The VA determined that squamous cell carcinoma of the neck was not incurred in active service and may not be presumed to have been incurred therein.

The Board of Veterans' Appeals denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) due to a lack of evidence regarding the occurrence of sexual assaults in service and the relationship between PTSD and these events.

The Board has granted service connection for a lump on the left side of the veteran's head, which was incurred during service. Service connection for an eye or vision disorder is denied.

The Board denied the veteran's claim for a compensable rating for his service-connected otitis externa, finding that the condition did not meet the criteria for a 10 percent evaluation due to lack of swelling, serous discharge, or itching requiring frequent and prolonged treatment.

The Board denied the veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code due to his failure to meet the eligibility criteria.

The veteran's service-connected obsessive-compulsive disorder is rated at 50 percent since February 26, 1998.,His TDIU claim was dismissed as moot due to the grant of a higher initial disability rating for his obsessive-compulsive disorder.

The Board denied service connection and an increased rating for the veteran's learning disability and cerebral concussion residuals, finding that there was no evidence of a direct or secondary relationship to his military service.

The veteran's claim for a compensable rating for malaria is being remanded due to the need for additional development and compliance with VCAA requirements.

The Board denied the veteran's claims for service connection and higher initial ratings, finding no evidence of aggravation or secondary service connection. The preexisting left first metacarpal condition was not aggravated during active duty.

The Board denied the veteran's claims for service connection for ulcerative colitis with bleeding ulcers and spastic colon as secondary to PTSD, as well as his requests for higher ratings for PTSD and effective dates prior to October 13, 2000.

The veteran's claim for service connection for a disability manifested by a chronic cough was denied. The Board found that there is no evidence of such a condition during or after his military service.

The case is being remanded for additional development, including obtaining VA clinical records and an opinion from a physician regarding the relationship between the veteran's stomach cancer with metastases to the brain and his presumed Agent Orange exposure.

The Board has remanded the veteran's claim for an increased rating for pleural plaques due to additional development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board denied the appellant's claim that she timely filed a request for waiver of an overpayment of VA Chapter 35 educational assistance in the amount of $1,175.47, finding no evidence of a timely submission within the 180-day time limit set by regulation.

The Board is remanding the case due to procedural issues, including missing volume of claims file and potential NOD not filed. The appeal will be considered on whether new evidence has been presented to reopen service connection for cause of death and entitlement to DIC under 38 U.S.C.A. § 1318.