Other conditions decisions — 2003

The Board has determined that the veteran is entitled to a 20 percent rating for fibroma of the right elbow, which more nearly approximates limitation of flexion to approximately 90 degrees.

The Board determined that the appellant is entitled to reinstatement of DIC benefits as the surviving spouse of the veteran, based on the law in effect since October 1, 1998. The decision was made under the new provisions which allow for retroactive application up to October 1, 1998.

The Board has reopened the claim and granted service connection for residuals of a back injury, finding that new evidence supports a medical nexus between the current condition and an in-service injury.

The veteran's claims for service connection for PTSD and an increased rating for major depressive disorder, as well as his right arm and left forearm conditions are being remanded due to the need for additional development of evidence.

The Board has granted secondary service connection for gouty arthritis of the right foot, but the veteran is still seeking a higher rating.

The appellant is not recognized as a surviving spouse of the veteran for VA death benefits purposes.

The Board denied the veteran's claim for service connection for bladder cancer, finding that it was not incurred in or aggravated by service and is not related to herbicide exposure. The Board concluded that there was no evidence linking the bladder cancer to service or any complaints noted during service.

The Board has ordered further development due to pending issues regarding the veteran's skin disorder. The case is now being remanded for additional examination and review.

The case is being remanded due to the failure of the RO to comply with previous Board instructions and because of new judicial precedent invalidating certain regulations. The RO must obtain additional evidence, consider it, and issue a supplemental statement of the case if necessary.

The RO determined that the appellant is not entitled to be recognized as the deceased veteran's surviving spouse, leading to a denial of her claim for VA benefits.

The Board has granted service connection for esophageal spasms, in association with a nonspecific esophageal motility disorder and a hypotensive lower esophageal sphincter. The right knee issue is still pending as the RO needs to obtain additional evidence.

The veteran's claims for increased ratings for his service-connected aphakia of the right eye and residuals of fracture of the left patella were denied. The RO assigned no percent ratings initially, but later increased them to 10 percent effective April 1998.

The veteran's claim for non-service-connected pension benefits is granted due to his permanent and total disability, which was reopened based on new evidence. The effective date of the grant is not specified.

The veteran's aggravation of a prolapsed colostomy is currently rated at 50 percent, effective from May 9, 1995. The Board has granted a higher initial schedular evaluation in excess of 50 percent for the disability.

The Board has determined that the veteran's tooth loss in 1948 was not due to VA treatment, and any subsequent dental disability is not related to service connection.

The Board has dismissed the appeal due to the appellant's withdrawal.

The Board has determined that the effective date for a 40 percent disability rating for residuals of a left patellar fracture is July 20, 1998.

The Board has decided that the veteran's service connection claim for cough, fever and night sweats is not granted due to it being a known clinical illness rather than an undiagnosed illness. The case is remanded for further development including obtaining additional evidence and providing the veteran with a VA examination.

The Board denied an increased rating for the veteran's service-connected bilateral defective hearing, finding that he failed to report for scheduled VA examinations without good cause and thus denying his claim.

The Board denied the veteran's claim for restoration of a 100% disability rating for teratoembryonal cell carcinoma of the left inguinal canal, finding that the May 1971 reduction in rating was procedurally correct and no revision of the May 1971 rating decision is warranted.