Other conditions decisions — 2004

The RO denied the appellant's claim for DIC under 38 U.S.C.A. § 1318, finding that the veteran did not meet the statutory duration requirements for a total disability rating at the time of his death and that there was no CUE in the June 1977 rating decision reducing the evaluation for residuals of a pituitary tumor.

The veteran's death was caused by sepsis secondary to cellulitis of the right leg, community-acquired pneumonia, and cardiovascular disease. These conditions are not shown to be related to service.

The veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the St. Petersburg, Florida RO.

The veteran's claim for an earlier effective date for service connection and increased evaluation for mycobacterium kansasii was granted.,From September 10, 1999 to October 24, 2002, the veteran received a 30 percent evaluation. After that date, his condition warranted a 100 percent evaluation.

The veteran's appeal is being remanded for additional development, including a VA examination and scheduling of a Travel Board hearing.

The Board found that the veteran's spine disability did not arise from an in-service injury and thus denied his claim for service connection.

The VA determined that the veteran's residuals of a shell fragment wound to the left popliteal area with retained foreign body do not meet the criteria for a higher rating, as they are manifested by no more than moderate muscle damage affecting Muscle Group XIII.

The Board denied the veteran's claim for service connection for bone deterioration, muscle wasting and nerve damage as a result of exposure to ionizing radiation. The VA found that there was no evidence linking these conditions to his in-service exposure.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development of his medical records and vocational assessment.

The Board denied the veteran's claims for increased ratings for left eye ptosis and fifth cranial nerve neuritis, finding that compensation benefits are prohibited due to the veteran being a fugitive felon.

The veteran seeks service connection for a left lung disorder, including as due to exposure to herbicide agents. The Board has remanded the case for additional development.

The veteran seeks an increased evaluation for his service-connected left Achilles' tendon disability, which is rated under Diagnostic Code 5271. The RO must ensure that all notification and development required by the Veterans Claims Assistance Act of 2000 are completed, including obtaining any pertinent medical records and ensuring compliance with the requirements of DeLuca v. Brown (1995).

The Board has remanded the case for additional development regarding whether an overpayment of VA educational benefits was properly created.

The veteran's unauthorized medical expenses incurred at the Unicoi County Memorial Hospital in September 2002 were denied as she was not service-connected for any condition and a VA facility was feasibly available.

The Board found that the veteran's current back condition is not related to his in-service injury and denied his claim for service connection.

The Board has restored service connection for histiocytic type malignant lymphoma, finding that the prior denial was due to clear and unmistakable error.

The Board denied an increased disability rating for the service-connected residuals of a right tibia and fibula fracture with two centimeter shortening, maintaining the current 10 percent evaluation.

The Board has determined that additional development is needed to properly adjudicate the veteran's claim for an increased evaluation for his service-connected right hand disability. This includes obtaining medical records, including those from a June 2000 work-related injury and any other relevant treatment since September 1999.

The Board of Veterans' Appeals has granted a rating of 100 percent for the veteran's service-connected post-traumatic stress disorder (PTSD), finding that the disability picture more closely approximates the criteria for a 100 percent evaluation under Diagnostic Code 9411. The veteran's PTSD symptoms are productive of significant occupational and social impairment, warranting this highest schedular rating.

The Board denied the veteran's claims for service connection for residuals of malaria and a right eye disability, finding no current disabilities resulting from these conditions.