Other conditions decisions — 2004

The Board denied the veteran's claims for increased evaluations for his residuals of cold injury to both feet, finding that there was no evidence meeting the criteria for a higher rating.

The Board denied an increased rating for the veteran's non-ulcer dyspepsia, finding that his symptoms did not meet the criteria for a higher evaluation.

The Board found that the appellant's deceased husband did not have qualifying service as a veteran, and thus denied her claim for VA death benefits.

The Board denied the veteran's claims for service connection for back injury residuals and dental trauma residuals, finding no evidence of a current disability or a link to service.

The Board denied the veteran's claims for service connection for a disability manifested by head and/or facial pains, as well as his claim for an increased evaluation for tremor of the left hand. The preponderance of evidence is against these claims.

The Board denied service connection for malaria and a condition manifested by breast and stomach pain (diagnosed as peptic ulcer disease) due to lack of evidence linking these conditions to the veteran's service.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151, finding that there was no evidence showing VA treatment resulted in additional disability and that the proximate cause of any disability was not due to VA fault.

The VA has determined that the veteran's service-connected chronic left pyelonephritis does not warrant a rating in excess of 10 percent due to lack of evidence supporting more severe symptoms or disability.

The Board denied the appellant's claim for payment of VA educational assistance benefits based on her participation in a training program at [redacted] School of [redacted]therapy, finding that approval had been withdrawn by the institution and that she did not meet the legal requirements for such benefits.

The Board found no CUE in the October 1968 rating decision that failed to grant SMC based on loss of use of the left foot. The veteran's conditions were service-connected, but the appeal was denied as there was no evidence of CUE.

The Board denied the claim for service connection for the cause of death, finding that there was no evidence linking the veteran's fatal condition to his military service or any presumptive conditions associated with herbicide exposure.

The VA has remanded the case for a current examination to determine the severity of the veteran's service-connected pleurisy and pneumothorax, as the pre-drug testing in the recent pulmonary function test may have indicated worsening.

The cause of the veteran's death, malignant thymoma, is not considered to be related to his military service.

The Board denied the veteran's claim of entitlement to an increased rating for his service-connected left ear otitis media, finding that symptoms such as pain and moisture sensitivity did not warrant a higher disability rating.

The Board denied an increased rating for the veteran's service-connected residuals of a shell fragment wound of the right arm, citing failure to provide due process by not considering the veteran's request for a video conference hearing.

The veteran's request for a video conference hearing was not considered, and the case is being remanded to afford him this due process.

The veteran's prostatitis is currently rated as 10 percent disabling. The Board has determined that the current rating does not accurately reflect the severity of his disability and has ordered a VA examination to determine the extent and severity of his service-connected prostatitis.

The case is being remanded for further development to address the veteran's claim for an increased rating for calluses of the feet, including providing a new examination and obtaining medical records.

The Board has granted service connection for the cause of the veteran's death due to squamous cell carcinoma of the head and neck, which is presumed to be related to his exposure to Agent Orange during service.

The veteran is seeking service connection for moderate emphysema with a bronchospastic component, which he claims was caused by asbestos exposure during his military service. The case has been remanded to the RO for further action.