Other conditions decisions — 2004

The veteran's claim for eligibility to VA educational assistance benefits under Chapter 30, Title 38, United States Code was denied because he did not meet the criteria for converting his VEAP/Chapter 32 benefits to Chapter 30 benefits. The Board found that he was not a participant in VEAP/Chapter 32 on October 9, 1996 and did not satisfy other eligibility requirements.

The Board has remanded the case due to inadequate VCAA notice and is requesting additional development.

The Board has determined that further development is needed before a decision can be rendered on the veteran's claim for service connection for head injury residuals.

The Board found that the veteran does not have a current lung disability and there is no evidence linking his injury to service. Therefore, the claim for service connection was denied.

The veteran's arthritis of the left mid foot and toes, as well as his right hand arthritis, are found to be related to service-connected disabilities. The VA has granted increased ratings for these conditions.

The Board found that the veteran's estate was too large to justify continued payment of improved nonservice-connected pension benefits, and thus terminated his benefits effective May 1, 2000.

The Board denied an increased rating for cholecystitis and cholelithiasis, status post cholecystectomy, finding that the symptoms were mild dyspepsia and constipation, which more nearly approximated a 10 percent disability rating.

The veteran's claim for an increased rating for his service-connected traumatic scoliosis with arthritis was granted, and he is now rated at 40 percent.

The veteran died of vascular collapse due to arteriosclerotic heart and vascular disease. The VA determined that the appellant does not meet the income requirement for improved death pension benefits or is eligible for burial benefits.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The veteran's claim will be reconsidered after these steps are completed.

The veteran's claims for service connection for a psychiatric disability and headaches are being remanded due to the need for additional development, including obtaining inpatient treatment records from Knox Hospital in Rockland, Maine.

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of a head injury, including psychiatric disability. If reopened, the Board will then decide if service connection should be granted for these conditions. The second issue is whether the veteran is entitled to treatment under 38 U.S.C. § 1702 based on his psychosis.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for cause of death.

The case is being remanded to the RO for an appropriate hearing before a Veterans Law Judge at the RO, in accordance with applicable law.

The veteran's service-connected gunshot wound to the right thigh contributed to his death from pulmonary embolus, which was ruled as a contributory cause of death.

The Board denied the veteran's claim to reopen his service connection for fracture of the left scapula and muscle damage to the left scapula area, finding that new and material evidence had not been submitted.

The Board found that the appellant did not have qualifying service to establish basic eligibility for VA benefits and denied the appeal.

The Board has remanded the case for further development and adjudication due to inadequate examination findings and failure to consider certain regulations.

The Board denied an increased rating for residuals of a left foot injury, finding that the evidence did not show more than moderate impairment.

The Board granted a 50 percent rating for the veteran's service-connected back disability, effective from June 18, 2001.