Other conditions decisions — 2003

The Board has granted the veteran's claim to entitlement to service connection for a heart disorder, but denied the claim for emphysema. The Court remanded the case with respect to the denial of emphysema and the RO is instructed to consider all pertinent evidence received since issuance of the March 2003 statement of the case.

The Board has determined that a disability evaluation of 60 percent, but no higher, for the appellant's right knee disability is warranted based on severe painful motion and weakness in the right lower extremity.

The Board found that the veteran's current low back disorder is not attributable to service, and thus denied his claim for service connection.

The Board dismissed the veteran's motion for reversal or revision of their April 1982 decision denying service connection for Charcot-Marie-Tooth disease due to the death of the veteran.

The Board denied the veteran's request to reopen his claim of entitlement to service connection for the residuals of a left elbow injury, finding that no new and material evidence had been submitted.

The Board denied a rating in excess of 20 percent for the veteran's right leg disability, finding that his current level of disability did not warrant such an increase.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for residuals of an appendectomy and a right orchiectomy. The case is being remanded for further development, including obtaining medical records and scheduling a VA examination.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a bilateral eye disorder characterized as bilateral macular degeneration. The issue will now be further developed to determine if there is sufficient evidence to establish service connection.

The Board has determined that the appellant's marriage to the veteran is deemed valid for VA purposes, and she is therefore recognized as his surviving spouse for eligibility to VA death pension benefits.

The Board found that the appellant's residuals of adenocarcinoma of the prostate, status post radical prostatectomy, with urinary urgency and incontinence, require the wearing of absorbent materials that must be changed not more than two times per day. The criteria for a disability evaluation in excess of 40 percent are not met.

The Board denied the appellant's claim for service connection for residuals of a fracture of the coccyx, finding that his pre-existing condition did not worsen during military service.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for post-concussive syndrome, finding that there was no objective symptomatology related to the service-connected condition during the appeal period.

The Board found that the veteran's mild astigmatism and presbyopia, not a superimposed disease or injury to the eyes during active service, do not meet the criteria for service connection.

The veteran's appeal has been dismissed due to his death, and the case is no longer under jurisdiction.

The veteran's service is not considered active duty for training or active duty, and thus does not meet the requirements for nonservice-connected pension benefits.

The Board has determined that the veteran's strokes/thrombosis of the brain were caused by her service-connected arteriosclerotic heart disease, and thus granted service connection for these conditions.

The Board denied the veteran's claim for service connection for malaria, finding no current diagnosis of the condition and noting that there is no evidence in the record to support a diagnosis of malaria during or after service.

The Board has determined that additional notification and development are required due to the VCAA, including a VA examination for any current gastrointestinal disability (to include colon removal) related to military service.

The veteran's appeal is being remanded due to the need for additional VCAA notification and development. The claim will be reconsidered after any necessary actions are taken.

The Board found that the veteran's IgA nephropathy did not develop as a result of his military service or exposure to herbicide agents in Vietnam.