Other conditions decisions — 2004

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a lung disorder, including as secondary to Agent Orange exposure. The Board also found that there is sufficient evidence to raise a reasonable possibility of substantiating the claim.

The Board has determined that the veteran's loss of vision in his right eye is related to a previous brain tumor surgery and not due to any service-connected condition, leading to a grant of service connection.

The veteran's appeal is being remanded due to the need for additional development, including obtaining recent medical records and considering the December 2002 VA examination report.

The Board has determined that the veteran's current arthritis of the right great toe is service-connected, as it was caused by a toenail procedure performed during his military service in 1963.

The Board has determined that new and material evidence has not been submitted to reopen the appellant's claim of entitlement to recognition as the veteran's surviving spouse for Department of Veterans Affairs (VA) death benefits, and thus the claim is denied.

The Board denied the claim for service connection for the cause of death, finding that there was no evidence linking any disability to service or contributing to the veteran's death.

The Board has remanded the case due to procedural issues and the need for additional development of evidence.

The Board denied the appellant's claim for basic eligibility to VA benefits due to a lack of valid military service, as certified by the U.S. Army Reserve Personnel Center.

The RO reduced the evaluation assigned for defective hearing, bilateral from 80 to 30 percent effective October 1, 2003.

The veteran's claim for payment or reimbursement of unauthorized medical expenses associated with a power wheelchair is being remanded to the VAMC in San Juan, Puerto Rico, for further consideration under all pertinent laws and regulations.

The Board has granted service connection for hiatal hernia and assigned a noncompensable rating for major depressive disorder, duodenal ulcer disease, postoperative anal stricture, and postoperative hemorrhoids. The veteran's claim for an increased rating remains pending.

The veteran's service-connected cold injury residuals to both feet do not render him unemployable as a result of his disabilities, and the preponderance of evidence is against his claim for TDIU.

The Board has remanded the case due to failure to provide proper VCAA notice.

The VA has granted an increased evaluation of 40 percent for the veteran's service-connected low back disability effective July 6, 1998. The rating was then raised to 60 percent on October 31, 2000.

The veteran's initial ratings for bilateral metatarsalgia and tarsal tunnel syndrome were denied as the disability did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board denied a compensable disability rating for the veteran's right hand and left hand injuries, effective from July 16, 1999.

The Board is reopening the claim based on new and material evidence. However, further development is needed before adjudicating the merits of the claim.

The Board has determined that the veteran's T-7 paraplegia with neurogenic bowel and bladder resulted from VA medical treatment for cardiac arrest in November 1994, and this additional disability is compensable under 38 U.S.C.A. § 1151.

The veteran's claim for automobile and adaptive equipment benefits was denied because he does not meet the eligibility requirements under VA regulations.

The Board has remanded the case for a videoconference hearing at the New York RO, and will return it to the Board after that.