Other conditions decisions — 2004

The veteran died from esophageal cancer, and the evidence does not support a connection between this condition and any incident of service. As such, the claim for eligibility for a VA guaranteed home loan based on the cause of death is denied.

The Board denied the veteran's request for an effective date prior to January 31, 2000 for his service-connected left foot disability.

The Board determined that the cause of death was pneumonia, but it did not result from service-connected disability. The appellant's spouse had qualifying military service but is not eligible for VA pension benefits due to a lack of recognized service. The claim for accrued benefits was filed outside the one-year deadline.

The veteran's claims for service connection for congestive heart failure and osteoporosis secondary to his service-connected emphysema disability were denied as a matter of law due to the prohibition on secondary service connection for disabilities proximately due to disease previously service-connected on the basis of tobacco use in service.

The Board denied the veteran's claim for an earlier effective date for a 20% rating for defective hearing, finding that no increase in disability occurred within one year prior to his April 11, 2001 claim.

The Board has determined that the veteran's fractures of the proximal neck of the left fibula and distal tibia are caused by his service-connected gunshot wound to the left leg with partial paralysis of the peroneal nerve, which aggravated his pre-existing condition.

The Board denied service connection for residuals of a head injury, defective vision, and defective hearing as the evidence did not support these claims.

The Board has restored the appellant's compensation benefits for his service-connected disabilities, effective February 8, 1999. The combined disability rating of 20% was reinstated due to the appellant being released from incarceration.

The Board has determined that new and material evidence has been presented to reopen the veteran's claims of service connection for an ulcer condition and a lung disorder. The claims are now pending for further evaluation.

The Board denied the veteran's claims for service connection for a cardiac disability and hypercholesterolemia.

The veteran's cold injury residuals of the feet are rated at 50 percent prior to January 12, 1998.

The VA denied the veteran's claim for service connection for a lung disorder due to mustard gas exposure, finding no evidence linking his current condition to his military service.

The Board has determined that the veteran's diagnosed condition, astrocytoma glioma, is not related to service or any incident of service origin. The weight of medical evidence does not support a finding that the veteran's brain tumor is due to Agent Orange exposure.

The Board denied the motion alleging clear and unmistakable error (CUE) in a previous decision that found the moving party's discharge constituted a bar to VA benefits. The Board concluded that the evidence supported this conclusion, including the moving party's awareness of facing court-martial and his request for an undesirable discharge under duress.

The Board found that the veteran's cardiovascular condition was not incurred in or aggravated by active service, nor is it proximately due to or the result of a service-connected disability.

The VA denied the veteran's claims for an increased rating for peptic ulcer disease and service connection for pancreatitis. The denial was based on a finding that there is no competent medical evidence of current pancreatitis.

The Board has reopened the claim of service connection for the cause of the veteran's death and remanded it to the RO for further development. The appellant was not provided with proper notification regarding the VA records search, which may affect her ability to proceed with the appeal.

The Board has determined that further development is needed to determine if the veteran's Tourette's syndrome was aggravated by service and whether it caused any other psychiatric disorders. The case will be returned for this purpose.

The veteran's claims for increased ratings and service connection were denied. The Board found no evidence of severe impairment of health or moderate duodenal ulcer, which would warrant higher ratings under the applicable diagnostic codes.

The veteran's residuals of shrapnel wounds to the right buttock and thigh are rated at 50 percent, which is higher than the current 40 percent rating. The effective date for this increased rating has not been specified.