Other conditions decisions — 2004

The Board denied the veteran's petition to reopen his claim of entitlement to service connection for otitis media of the right ear, finding that no new and material evidence had been submitted.

The Board has determined that the veteran's breathing problems are not due to an undiagnosed illness, but rather are related to his diagnosed conditions of sleep apnea and panic disorder. The veteran's panic disorder without agoraphobia is currently rated as 30 percent disabling.

The Board found that the veteran's anosmia was not incurred in or aggravated by active military service and denied her claim.

The appellant is not eligible for DIC benefits as an adult helpless child of the veteran due to being legally married since November 1974, which disqualifies him from receiving such benefits.

The Board has remanded the case for a VA examination to determine the nature and etiology of the veteran's right knee disorders, including Osgood Schlatters Disease and Osteochondritis of tibial tubercle.

The Board has remanded the case due to insufficient notice regarding the need for additional information or evidence to substantiate the claim for service connection for leukemia, including as due to exposure to herbicides in service, for purposes of accrued benefits.

The Board has determined that the veteran does not have residuals of a face injury incurred in service and therefore, denied his claim for service connection.

The Board found that a timely notice of disagreement was not received to the July 10, 2001 decision denying restoration of benefits. The veteran's claim for this issue is denied.

The Board denied service connection for beriberi, dysentery, malnutrition, malaria, and anemia as they were not present during or after service. Service connection was also denied for anxiety disorder, heart disease, osteoarthritis (claimed as condition manifested by hip, leg, and arm pain), a chronic disability manifested by chest pain, and a chronic disability manifested by back pain.

The Board denied the claim of service connection for the cause of the veteran's death, concluding that no service-connected disability caused or contributed to his death.

The Board has ordered the case to be remanded for compliance with the Veterans Claims Assistance Act of 2000, which requires that the appellant be provided notice of what information and evidence is needed to substantiate her claim. The RO must notify her of any additional information or evidence she needs to provide, as well as what assistance VA will provide in obtaining such evidence.

The veteran's claim for additional vocational rehabilitation services was denied as his service-connected right knee disability did not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests.

The Board found that the appellant does not meet the requirements for basic eligibility for VA benefits due to lack of veteran status.

The Board has remanded the case to the RO for further development due to a lack of full statement of reasons and bases in the August 2003 decision, including VCAA compliance.

The Board found new and material evidence to reopen the veteran's claim, but denied service connection for organic cardiovascular disease as there was no persuasive medical evidence demonstrating it was incurred during or as a result of active service.

The Board has determined that the veteran's post-distal pancreatectomy did not meet the criteria for a disability rating greater than 10 percent from April 28, 1995 to September 3, 1996 and from February 1, 1997. The current assigned ratings of 10 percent and 30 percent are upheld.

The veteran's claim for service connection for Reiter's Syndrome and gouty arthritis is being remanded due to the need for additional development of evidence.

The Board found that new evidence did not support reopening of the claim for fibrocystic breast disease, but granted the severance of disability compensation due to chronic infection and drainage in the right breast.

The Board found that the veteran does not have congestive heart failure and denied his claim for service connection.

The Board has remanded the case due to insufficient evidence regarding current residuals of burns to the feet, and a VA examination is needed.