Other conditions decisions — 2003

The Board has determined that the veteran's endometriosis is service-connected, as it was diagnosed during service and linked to the stresses of military training.

The Board has remanded the case due to new evidence and procedural issues, including a recent Federal Circuit Court decision invalidating certain regulations. The RO must now consider whether the appellant's character of discharge constitutes a bar to VA benefits based on all available evidence.

The Board determined that the appellant's bad conduct discharge from military service is a bar to VA benefits, including health care and related benefits authorized under Chapter 17 of Title 38, United States Code.

The VA denied the appellant's claim to recognize him as a veteran for VA benefits purposes, finding that no new and material evidence had been submitted since the previous denial in July 1997.

The Board has determined that the veteran's cataracts are proximately due to, or the result of, the administration of steroids for treatment of his service-connected Crohn's disease.

The Board of Veterans' Appeals has denied the veteran's claim for an increased rating for his service-connected post traumatic stress disorder.

The veteran seeks an earlier effective date for service connection due to a claim of clear and unmistakable error in the March 1998 rating decision. The Board found that the evidence was not sufficient at that time to grant service connection, and thus denied the appeal.

The Board has determined that the appellant did not file a timely and adequate substantive appeal regarding his claim of service connection for a sinus disorder, thus dismissing the claim.

The veteran's claim for an increased rating for prostatitis, status post-TURP was denied as he does not meet the criteria for a higher rating under either the old or new VA rating criteria.

The veteran's appeal for a higher initial evaluation, in excess of 10 percent, for residuals of a hiatal hernia has been dismissed due to the death of the veteran during the pendency of his appeal.

The Board has determined that the veteran's service-connected spondylolisthesis at L5-S1 with a herniated nucleus pulposus does not warrant an initial disability rating greater than 20 percent.

The Board found that the veteran's current diagnosis of anxiety is not related to his service-connected left middle finger disability and denied his claim for secondary service connection.

The appellant's income exceeded the maximum annual rate of improved death pension for a surviving spouse with no dependents, resulting in denial of nonservice-connected death pension.

The veteran's status post adenocarcinoma of the prostate is rated at a maximum of 60 percent, effective from October 1999.

The veteran's hiatal hernia with Barrett's esophagitis has been rated at 10 percent since its initial grant of service connection. The evidence does not support a higher rating as the condition is well-controlled and does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board denied the veteran's claim for service connection for the cause of his death, finding that there was no direct evidence linking his service-connected trench feet to his death. The VA physician provided a medical opinion in July 2002 but did not address whether the veteran's service-connected conditions caused or contributed to his death.

The Board has determined that the veteran's pituitary macroadenoma began during his period of active service and grants service connection for this condition.

The veteran's death is being reviewed for service connection, and the appellant's claim for accrued benefits is also under review. Both issues are currently in remand status due to pending hearings.

The veteran's claim for service connection for fatigue, claimed as an undiagnosed illness manifested by fatigue, was denied. The Board found that the veteran did not have a diagnosed condition resulting from active duty in the Southwest Asia theater of operations during the Persian Gulf War.

The Board has determined that the veteran's calf muscle/leg pain, including residuals of injury and varicose veins, began during his combat service in World War II. The condition is considered to be incurred in service.