Other conditions decisions — 2004

The Board found that the veteran's service-connected malaria does not have active disease or any residual disability such as liver or spleen damage, and thus denied a compensable evaluation.

The Board has granted a 10% rating for the service-connected residuals of left index finger injury, effective from the date of the decision.

The Board granted separate 10% evaluations for arthritis of the right and left great toes effective June 5, 2001. The decision found that it was factually ascertainable at least one year prior to June 5, 2002, that an increase in disability had occurred.

The Board granted service connection for the veteran's hiatal hernia disability and assigned a 30 percent rating, finding that it most closely approximated symptoms of persistently recurrent epigastric distress with dysphagia, pyrosis (heartburn), and regurgitation, accompanied by substernal pain, productive of considerable impairment of health.

The Board has granted DIC benefits based on the veteran's status as a former POW and his continuous total disability rating for one year prior to death, which constitutes a complete grant of the benefit sought.

The Board has ordered the case to be remanded for additional development, including VCAA compliance and a medical opinion regarding whether any disability that caused or contributed to the veteran's death was related to his military service.

The Board found that VA's failure to conduct a breast examination in March 1995 contributed to the diagnosis and treatment of the veteran's right breast cancer, resulting in additional disability. The claim is granted.

The veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including obtaining SSA records and VA examinations.

The Board denied reopening the claim for service connection for the cause of the veteran's death due to appendicitis and malaria, finding that new evidence submitted since 1959 was not material or relevant.

The Board denied the veteran's claim for service connection for left hemiparesis with amyotrophia, finding that his pre-existing condition did not worsen during active military service.

The Board found that there is no competent medical evidence linking the veteran's currently diagnosed basal cell carcinoma to service or any incident of service, specifically in-service exposure to Agent Orange. As a result, the claim for service connection was denied.

The Board denied the application to reopen the claim for service connection for prostatitis, finding that new and material evidence had not been submitted.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the veteran's skin conditions are related to his service in Vietnam and exposure to Agent Orange.

The Board will remand the case to fulfill VA's notification duties and re-adjudicate the appellant's claim for service connection for the cause of the veteran's death.

The Board has remanded the case for additional development and consideration of the appellant's claim for service connection for the cause of her husband's death. The VA will obtain medical records, employment information, and legal documents related to any lawsuits or claims filed as a result of her husband's exposure to asbestos.

The veteran's claim for an increased evaluation for prostatitis with urethral stricture was granted, and he is now receiving a 20 percent rating effective from December 4, 2001. The original 10 percent rating assigned from July 9, 1971 to December 4, 2001 remains in place.

The Board has determined that the veteran's service-connected left eye injury did not result in any residual disability, and his TMJ dysfunction does not meet the criteria for a compensable rating. Therefore, both claims are denied.

The Board denied the veteran's claim for service connection for fatigue, including as due to an undiagnosed illness. The evidence did not support a finding that the veteran had chronic fatigue syndrome or any other disability entity manifested by chronic fatigue.

The VA denied a higher initial evaluation for the veteran's service-connected residuals of colon cancer due to radiation exposure, as his condition did not meet the criteria for an increased rating.

The veteran's hidradenitis suppurativa was evaluated for periods prior to and after August 30, 2002. Prior to that date, the condition did not warrant an evaluation in excess of 10 percent. After that date, the condition has been essentially asymptomatic with no active lesions.