Other conditions decisions — 2004

The Board has dismissed the appeal due to the appellant's representative withdrawing the appeal prior to a decision being made.

The Board denied the veteran's claim for a rating in excess of 40 percent for his residuals of left elbow arthroplasty, finding that the current rating is adequate given the maximum schedular rating possible under Diagnostic Code 5052.

The Board has determined that the veteran's claim for an increased evaluation of his service-connected vascular insufficiency of the left leg is denied as the current rating of 40 percent already represents the maximum available under the applicable criteria.

The Board has granted the appellant's claim for service connection for a partial right salpingectomy due to an ectopic pregnancy, finding that this disability was incurred during active service and is legally permissible.

The Board denied the veteran's claim to reopen his service connection for head trauma with memory loss as new and material evidence was not received.

The Board determined that the appellant's discharge from service was under dishonorable conditions and therefore constitutes a bar to VA benefits, except for home loan benefits.

The Board has granted service connection for the veteran's subtotal gastrectomy, which was caused by medication taken to relieve pain from a service-connected right elbow and shoulder disability.

The Board denied the veteran's claim for service connection for residuals of a back injury, finding no competent and probative evidence that he currently has any such disability. The claim for service connection for residuals of an injury to the right middle finger is remanded due to the recent grant of service connection for amputation of the distal phalanx of the right ring finger.

The Board has reopened the veteran's claim for service connection of a skin disorder due to new and material evidence submitted since the last final denial. However, the claim is denied as there is no evidence showing that his current skin condition is related to his military service.

The Board found no evidence to support the claim that the veteran's death was caused by a disability incurred in or aggravated by his active service.

The Board denied service connection for residuals of a back injury and a disorder manifested by chest pain, finding that the evidence did not support a link to active military service.

The Board has remanded the case to obtain a dosage data and estimate for the veteran from the Defense Threat Reduction Agency, based on available methodologies. The USB will consider the claim with reference to specified factors and may request an advisory medical opinion if necessary.

The Board denied the veteran's claim for an earlier effective date for nonservice-connected pension benefits, finding that no legal basis existed to award such a retroactive date.

The Board denied the veteran's claim for service connection for peptic ulcer disease, finding no evidence linking the condition to his military service.

The veteran's claim for service connection for residuals of streptococral pneumonia was denied in April 1985, but he did not appeal this decision.,In March 2003, the RO granted service connection and a 60% rating for residuals of streptococral pneumonia with an effective date of August 29, 2000.

The veteran's appeal was denied as they did not meet the service requirements for Chapter 30 educational assistance and were not discharged or released from active duty for a reason that would permit eligibility.

The case is being returned to the RO for additional development due to new evidence submitted by the appellant. The veteran's cause of death claim will be reconsidered.

The Board denied the appellant's request to reopen her claim for VA death benefits, finding that new and material evidence had not been received since the December 2001 denial.

The veteran's claim for an increased evaluation of his service-connected residuals of a stroke is being remanded due to unclear symptomatology and the need for additional medical records and examination.

The Board denied the veteran's claim for a disability rating in excess of 20 percent for residuals of an acromioclavicular separation of the left shoulder, finding that his condition was already rated at its maximum under Diagnostic Code 5203.