Other conditions decisions — 2003

The veteran's death was not caused by his own willful misconduct, and he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not in receipt of a total disability rating based on service-connected disabilities for at least 10 years immediately preceding his death.

The Board finds that the veteran is entitled to a grant of TDIU due to his service-connected disabilities, and also grants service connection for arthritis of both hands.

The Board has granted an initial disability rating of 20 percent for posttraumatic arthritic changes to the right hand and wrist secondary to residuals of a shell fragment wound of the right hand, Muscle Group VIII.

The Board has found that the veteran's current chronic tremor disability is proximately due to his service-connected post-traumatic stress disorder, and thus grants entitlement to service connection for this condition.

The Board denied an increased rating for residuals of a shell fragment wound to the right buttock and dismissed the claim of service connection clear and unmistakable error (CUE).

The Board has determined that the veteran's current jaw complaints are not related to her service, and therefore denied her claim for service connection.

The Board found that the veteran did not have post-traumatic stress disorder and denied his claim for service connection.

The Board has determined that the veteran's left arm injury, specifically a left radial nerve palsy, was incurred during service and granted service connection for this condition.

The Board denied the veteran's claim of service connection for a gastrointestinal condition, finding no evidence that it was incurred in or aggravated by active service.

The veteran's Peyronie's disease has been rated at the maximum schedular rating of 20% since October 1, 2000.

The veteran is seeking an earlier effective date for service connection of his back disability, which was granted in August 2001. The RO must investigate if the claim was mistakenly sent to a different VA office and ensure all notification requirements under the VCAA are met.

The veteran died in October 1979 and the appellant filed applications for accrued benefits and nonservice-connected death pension benefits over twenty years after his death. The RO denied these claims as there was no pending claim at the time of the veteran's death, and the appellant did not file a timely application.

The Board denied the appellant's claim of basic eligibility for nonservice-connected disability pension benefits due to a lack of 90 days of active duty service, and thus did not meet the legal requirements for such benefits.

The Board has ordered the RO to obtain updated financial information and medical records from the veteran, including details of his drug treatment program and current health conditions. The case will then be referred back to the Committee for further adjudication.

The Board has denied the veteran's claim for secondary service connection for arthritis, finding no medical evidence linking his current arthritis to his service-connected rheumatic fever.

The veteran's fungal infections of the right foot, left foot, and hands are found to be service-connected.

The veteran's educational assistance benefits were denied for enrollment in courses that did not count towards her degree requirements.

The Board denied the veteran's claims of service connection for malaria and dysentery, finding no current disabilities.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for the requested development, including obtaining information from USASCRUR regarding the veteran's alleged in-service stressors and providing copies of personnel records.

The Board has determined that the veteran's claim for an evaluation greater than 10 percent for a detached left retina is denied. The maximum schedular evaluation of 10 percent was assigned, and the case presents such an exceptional or unusual disability picture as to render impractical the application of the regular schedular standards.