Other conditions decisions — 2003

The veteran's appeal is dismissed due to his death.

The Board has determined that the veteran's service-connected status post bunionectomy and osteotomy of the right great toe with hallux valgus is currently rated at the maximum disability rating available under Diagnostic Code 5280, which is a 10 percent evaluation. The evidence does not support an increase in this rating.

The Board has determined that the veteran's degenerative joint disease of both knees warrants a 10 percent evaluation, effective from March 25, 1994. The RO increased the evaluation for left knee disability to 20 percent as of June 20, 2002.

The Board has determined that the claims folder does not reflect that the veteran was advised of changes brought about by the recently enacted Veterans Claims Assistance Act of 2000. The case is remanded for compliance with the VCAA and additional development.

The veteran's claim for a TDIU rating was granted, effective from December 6, 1999. The Board found that the schedular requirements were not met prior to this date.

The VA denied the veteran's claim for an increased evaluation of his service-connected residuals of a fracture of the right fifth metacarpal, currently rated at 10 percent.

The Board denied the veteran's claim for VA death benefits due to his dishonorable discharge from service, finding that none of the exceptions to the bar on entitlement to VA benefits applies.

The Board has denied the veteran's claim for a compensable rating for his service-connected malaria, finding that there is no objective evidence of residual liver, spleen or other organ damage.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Board denied service connection for a respiratory disability and a chronic disability of the circulatory system, finding no evidence linking these conditions to service.

The Board denied the claim for service connection for the cause of the veteran's death, finding no new and material evidence to reopen the claim.

The Board has granted a 40 percent rating for the veteran's residuals of shell fragment wounds of the right leg, effective July 3, 2001.

The VA determined that the appellant's duodenal ulcer disease, which results in moderate disability with occasional severe episodes of pain and nausea/vomiting, does not warrant a higher rating than the current 20 percent.

The VA denied an increased evaluation for the veteran's service-connected partial right pneumothorax, finding that his disability does not meet or nearly approximate the criteria for a higher rating.

The Board has ordered the RO to obtain a comprehensive medical opinion concerning the merits of the current claim, which includes a discussion of the alleged contributions of the service-connected tinnitus and/or hearing loss, and anxiety disorder, to the veteran's death from a heart attack. The RO is also advised that they must ensure all available development actions are completed in compliance with the Veterans Claims Assistance Act of 2000.

The Board denied service connection for the cause of the veteran's death, finding that his fatal heart condition was not related to his military service.

The veteran's service-connected residuals of pelvic radiation therapy for localized adenocarcinoma of the left lobe of the prostate are rated as noncompensably disabling, and a higher evaluation is not warranted.

The Board found that the appellant is not entitled to VA death benefits as a surviving spouse of the veteran due to the existence of a valid divorce decree.

The Board denied the veteran's claim of service connection for a dental disorder due to mercury exposure, finding that there was no competent medical evidence linking his current condition to service.

The Board found that the veteran did not have any claim for periodic monetary VA benefits pending at his death, and thus no unpaid benefits remained due. As a result, the appellant's claim for accrued benefits was denied.