Other conditions decisions — 2004

The veteran has been granted compensation for additional disability as a result of VA surgical treatment in 1982 and 1983, including severe facial deformity, speech impairment, and use of tracheostomy and nasogastric tubes.

The veteran withdrew his appeal regarding the issues of entitlement to a higher initial rating for hypersplenism with thrombocytopenia and the propriety of reduction from 30 percent to noncompensable level for non-Hodgkin's lymphoma.

The VA denied an increased evaluation for the veteran's service-connected left elbow dislocation with traumatic arthritis, and also denied his claim for service connection for a right shoulder disability on a direct basis or as secondary to his other disabilities.

The Board found that the veteran's receipt of Social Security Administration (SSA) disability benefits constituted countable income for determining his VA non-service-connected disability pension, leading to a reduction in his benefits. The appeal is denied as the reduction was proper.

The veteran is seeking service connection for perforated bowels, claimed as secondary to his service-connected diabetes mellitus. The Board has ordered additional development including obtaining medical records and scheduling a VA examination.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's right hip disability is proximately due to or the result of his service-connected right knee disability.

The Board denied service connection for basal cell carcinoma, actinic keratosis, and seborrheic keratosis (claimed as skin cancer) due to lack of evidence linking these conditions to service or exposure to herbicides in Vietnam.

The veteran's appeal is being remanded for additional procedural and evidentiary development, including providing adequate notice under the VCAA and obtaining a medical opinion regarding his claims.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for tingling and numbness of the chest and arms, which he claims are a result of May 1996 surgery at the Albuquerque VA Medical Center. The claim will be remanded to determine if the symptoms qualify as a qualifying additional disability under 38 U.S.C.A. § 1151.

The Board found that the veteran's colon cancer is not related to his service, including exposure to herbicides in Vietnam. The claim for service connection was denied.

The Board denied the veteran's claim for a disability rating in excess of 40 percent for traumatic myofascitis of the lower dorsal and lumber spine, as there is no evidence of ankylosis or associated intervertebral disc syndrome. The current evaluation of 40 percent reflects severe limitation of motion.

The Board has remanded the case for a VA examination to determine if the appellant's current respiratory condition was caused by the June 1995 right upper lobectomy and whether the proximate cause of the disability was carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board denied the veteran's claims for service connection for a skin disorder of the groin and axillae, as well as residuals of right ear infection. The evidence did not show that these conditions were incurred or aggravated by service.

The veteran's claim for an increased rating for his right tibia and fibula fracture residuals is being remanded due to the need for additional development, including a VA examination.

The veteran's claims for educational assistance benefits under Chapter 30 and Chapter 1606 were denied due to ineligibility, and the RO is instructed to obtain additional documentation before readjudicating the cases.

The veteran's claim for an increased rating for his service-connected ankylosing spondylitis is being remanded due to the need to consider both old and new rating criteria, as well as a need for additional medical examination.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a herniated disc of the thoracic spine. The veteran's current diagnoses, including degenerative changes and thoracic spine strain, are found to be related to his military service.

The Board has determined that the veteran's timely Substantive Appeal was filed with regard to his December 1995 RO decision denying him compensation under the provisions of 38 U.S.C.A. § 1151 for spinal cord injury, and thus the claim is granted.

The Board has remanded the case to obtain clarification on whether the veteran's service-connected eye injury contributed to his death. The appellant must provide additional evidence and argument.

The veteran's claims for service connection for a psychiatric disorder, including PTSD, dissociative disorder, and borderline personality disorder, were denied by the RO in July 2001. The case was remanded multiple times due to procedural issues and new evidence received after the initial denial.