Other conditions decisions — 2003

The case is being remanded for further development due to the invalidation of certain regulations by the United States Court of Appeals for Veterans Claims. The appellant's claim will be reconsidered and a supplemental statement of the case provided if necessary.

The Board has decided to remand the case for additional development due to the need for further information and evidence.

The Board denied the veteran's claim for service connection for malaria, finding no current diagnosis and insufficient evidence linking the condition to his military service.

The Board found that the veteran did not serve in Vietnam and therefore could not be presumed exposed to herbicides. As a result, his cause of death was not service-connected.

The Board has granted service connection for dysthymia and assigned a 30 percent disability rating, effective September 1, 1993. The left knee disability was also granted with a 30 percent evaluation, while the residuals of fracture of the third left toe received a 10 percent evaluation.

The RO denied an increased rating for the veteran's left shoulder disability, which was previously granted with a 20% evaluation.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for residuals of frozen feet, which was previously denied in September 1994. The appeal is granted.

The veteran's neurological disorder of the left upper extremity is causally related to an electric shock in service, and his claim for service connection for residuals of electrical shock manifested by a disability of the left upper extremity is granted.

The Board has remanded the case to the RO for further action, including readjudication of the claim and issuance of a supplemental statement of the case.

The veteran's initial ratings for his service-connected superficial penetrating shell fragment wounds to the right forearm and elbow, as well as his left knee skin surface, were granted. The claim for increased rating of the right hand and forearm was also granted. However, the petition to reopen the claim for service connection for chondromalacia of the left knee was denied due to lack of new and material evidence.

The veteran's claim for an increased rating for chondromalacia of the left patella is being remanded to the RO for further development and readjudication.

The veteran's delimiting date for using his education benefits was April 3, 2003. The Board found that the veteran is not legally entitled to a delimiting date beyond this date.

The Board has granted service connection for the veteran's residuals of bilateral trench foot, including a gait disorder, finding that these conditions are related to his in-service cold injury.

The veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board denied the veteran's request to reopen his claim of service connection for spinal injury with paralysis, finding that new and material evidence had not been presented.

The Board has granted service connection for dementia due to head trauma, finding that the veteran's cognitive disorder is related to a brain injury sustained in a motor vehicle accident during service. The claim for residuals of an injury to the left eye remains pending and will be addressed in a separate remand.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the RO for examination by an ophthalmologist to determine if any currently present acquired eye disorders are related to active service.

The case is being returned to the RO for further action due to a remand request based on legal provisions concerning VA's duty to notify a claimant with regard to evidence and information necessary to substantiate a claim.

The Board denied an increased rating for the veteran's respiratory disorder, specifically residuals of a lobectomy and bronchiectasis.

The veteran's claim for an increased evaluation of his service-connected Crohn's disease, status post ileocolic resection, laparotomy and appendectomy is being remanded due to the need for additional development.