Other conditions decisions — 2004

The Board has determined that the veteran's fractures, head injury, and vision problems are all related to her service. The residuals of a fractured right forearm, head injury, and defective vision have been granted as direct service connection.

The Board has granted the veteran's claim of entitlement to service connection for a sight disorder, finding that it is at least as likely as not incurred in or aggravated during service.

The Board denied an increased rating for the veteran's service-connected fractured right distal fibula, finding that it did not meet the criteria for a higher disability rating.

The Board has determined that the cause of the veteran's death was not caused by or a contributory factor to his service-connected condition, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's appeal for non-service-connected pension benefits was denied because his service did not meet the threshold eligibility requirements set by law.

The Board denied service connection for neck wounds as there was no evidence of a current disability related to the veteran's in-service injury.

The veteran's claim for service connection for gastritis with esophagitis, esophageal ulcer and Schatzki's ring is being remanded due to the failure to comply with VCAA requirements.

The appellant did not perfect a timely appeal to the October 2001 denial of DIC benefits, as her Substantive Appeal was not received within the required timeframe.

The veteran's claim for retroactive educational benefits under Chapter 30, Title 38, United States Code was denied as the enrollment period did not meet the one-year prior to application requirement.

The Board has remanded the case for additional development due to VCAA notification issues.

The Board has remanded the case due to procedural defects in notification and development under the VCAA, and additional evidence was added since the last decision.

The veteran's left myofascial pain dysfunction was rated at 10 percent from August 5, 1997 to February 4, 2001 and at 30 percent since February 5, 2001.

The veteran's right knee disability, characterized by laxity of the medial collateral ligament and anterior cruciate ligament, is currently rated at 10 percent. The Board finds that this rating adequately reflects the current functional impairment due to instability without more significant limitation or degenerative changes.

The Board denied the veteran's claim for an increased rating for duodenal ulcer disease, finding that there was no evidence of active ulcer symptoms or weight loss. The current rating of 20 percent is maintained.

The Board denied the veteran's claim for reopening his service connection for residuals of rheumatic fever, finding that no new and material evidence had been received since the previous denial in 1945.

The Board has determined that the veteran's service-connected residuals of a fractured left ramus of the mandible warrant a 20 percent evaluation, which is the highest rating available under Diagnostic Code 9904. The evidence does not support an increase to a higher rating.

The VA determined that the veteran's right tibia fracture residuals do not warrant a higher evaluation than the current 30 percent rating.

The Board has remanded the case due to failure to provide proper VCAA notice and to obtain records from SSA.

The Board has remanded the case for additional development due to VCAA compliance issues.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine the nature and extent of the veteran's conditions.