Other conditions decisions — 2004

The veteran's claims for service connection for cardiomyopathy as secondary to his service-connected bronchiectasis and an increased evaluation for bronchiectasis are being remanded due to the need for additional medical examinations, updated records, and a review of the evidence.

The veteran is entitled to a total disability rating based on individual unemployability due to service-connected cold injury residuals of the lower extremities, which have a combined disability rating of 60 percent.

The Board denied the claim of service connection for the cause of the veteran's death, finding that no current disability related to service caused or contributed substantially to his death.

The Board has determined that the veteran's right thumb disability warrants a 30 percent rating, effective from May 2004.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for right eye enucleation as a result of cataract surgery, but his claim has been remanded due to incomplete records and the need for an opinion regarding potential fault on VA's part.

The veteran's death was caused by a stroke, which is presumed to be service-connected due to his status as a former prisoner of war. The claim for service connection for the cause of death is granted.

The Board denied service connection for residuals of malaria and a chronic disorder due to yellow jaundice, finding no current disability or evidence linking these conditions to service.

The veteran's appeal to deny his claim for service connection for glaucoma was denied due to the failure to timely file a notice of disagreement (NOD).

The Board has determined that the veteran's neurological deficits of the right upper extremity are not service-connected and do not arise from his service-connected burn scars. The initial compensable disability evaluation for the service-connected burn scars is denied.

The Board denied the appellant's request for an extension of the delimiting date for payment of Chapter 35 education benefits, finding that VA is precluded from extending the period due to the appellant's age and the specific rules governing such extensions.

The Board has determined that the veteran's service-connected degenerative changes of the left and right hips warrant a 20% rating each, as there is no evidence of malunion with moderate or marked hip disability. The current ratings adequately compensate for any additional functional loss due to pain.

The veteran's claim for an earlier effective date for his pension benefits was denied as the evidence did not show that he became permanently and totally disabled prior to April 27, 1999.

The Board found that the December 1950 rating decision reducing the veteran's frozen feet disability from 30 to 10 percent was not based on clear and unmistakable error (CUE).

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the veteran's service-connected postoperative residuals of a perirectal abscess.

The Board denied the appellant's claim to reopen her cause of death service connection, finding that no new and material evidence had been submitted.

The veteran's claim for service connection for weight loss and diarrhea, including as due to an undiagnosed illness, is being remanded for additional development.

The Board denied a compensable disability evaluation for pterygium of the right eye, finding that the veteran's best corrected visual acuity was consistently at or above 20/20 in both eyes and did not meet the criteria for any compensable rating under applicable VA regulations.

The Board has determined that the veteran did not file a timely substantive appeal regarding the effective date of his TDIU, and therefore the March 1996 rating decision is final.

The Board has granted service connection for the veteran's edema of both legs, finding that it is related to his active duty service.

The Board denied the veteran's claims for increased ratings for his service-connected compartment syndrome, status post right and left fasciotomy. The current evaluations are 20% and 10%, respectively.