Other conditions decisions — 2003

The Board has ordered further development in the veteran's claims for service connection for a skin disorder, blood disorder, and acute porphyria. The case is being remanded to the RO for additional examination and review.

The Board has determined that there was clear and unmistakable error in the November 1946 and September 1949 rating decisions, which assigned a 20 percent evaluation for the veteran's service-connected shell fragment wound of the left chest. The correct facts were not before the adjudicator at the time, as the evidence established that the veteran had sustained a comminuted rib fracture with muscle damage from the missile.

The Board denied the veteran's request to extend the delimiting date for his Chapter 30 educational assistance benefits, finding that he was not prevented from initiating or completing his chosen program of education due to a disability.

The veteran's claims for increased evaluations of prostate adenocarcinoma and malaria are being remanded due to the need for further examinations and VCAA compliance.

The Board has denied the veteran's claim of entitlement to service connection for a chronic pulmonary disorder, finding that there is no evidence linking his current condition to his military service.

The Board has determined that the veteran's dysthymia warrants a 50% rating, reflecting considerable social and industrial impairment.

The Board denied the appellant's claim of entitlement to DIC benefits under 38 U.S.C.A. § 1318 because the veteran was not continuously rated as totally disabled by reason of service-connected disability for a period of ten years or more immediately preceding his death, and there was no evidence indicating that he would have been rated as 100 percent disabled if he had established service connection.

The Board has determined that the appellant forfeited all rights, claims, and benefits under all laws administered by VA due to fraud in connection with her death compensation/accrued benefits claim. As a result, her appeal is dismissed.

The Board has ordered further development in the veteran's case, including obtaining additional medical records and arranging for a respiratory examination. The issues are whether new and material evidence has been presented to reopen the claim of service connection for a respiratory disorder related to Agent Orange exposure, and entitlement to service connection for the respiratory disorder as secondary to anxiety neurosis and tobacco use.

The Board has determined that the veteran's neurocysticercosis warrants a 100% evaluation, resolving reasonable doubt in his favor.

The Board found that the veteran's inclusion body myositis was aggravated by his service-connected cardiovascular disease, warranting a grant of secondary service connection.

The Board has ordered further development in the veteran's case due to pending issues and new evidence. The appeal is currently on hold for additional review.

The Board has granted service connection for squamous cell carcinoma of both ears, finding that it is not related to exposure to Agent Orange or any other form of herbicide. The veteran's claim was denied due to a lack of competent evidence linking the condition to his military service.

The VA determined that the veteran's non-psychotic organic brain syndrome with brain trauma is primarily manifested by daily headaches, sleep disturbance, nightmares, and impaired memory, attention span, and concentration. The current rating of 30 percent does not fully account for these symptoms.

The Board has determined that new and material evidence was not received to reopen the claim for residuals of an indirect inguinal hernia and herniorrhaphy. The veteran's claims for service connection for brain damage and a special monthly pension based on need for regular aid and attendance or housebound status are pending.

The VA has determined that the veteran's gastrointestinal reflux disease and hiatal hernia with history of recurring duodenal ulcer, status post pyloroplasty and vagotomy does not meet the criteria for a disability evaluation in excess of 20 percent.

The Board has determined that the veteran's service-connected shell fragment wounds to the right buttock and right upper arm include additional residuals manifested by underlying muscle damage.

The Board denied service connection for the cause of the veteran's death and determined that the appellant was not eligible for educational benefits under 38 U.S.C.A., Chapter 35.

The Board has remanded the case due to incomplete information and need for additional development, including obtaining medical records from various sources and verifying the veteran's service history.

The Board has denied the veteran's claim for service connection for cancer of the esophagus, finding that there is no evidence to support a link between his condition and his exposure to Agent Orange during service. The case was remanded due to outstanding medical records and the need for further notification under the Veterans Claims Assistance Act of 2000.