Other conditions decisions — 2004

The Board denied the appellant's claim for basic eligibility for VA disability benefits, finding that he did not have recognized service as a guerrilla soldier and thus is not eligible for such benefits.

The veteran is seeking service connection for cancer of the esophagus and gastric cardia, which he claims was caused by exposure to Agent Orange during his military service. The VA has not provided proper notification under the VCAA and needs to provide additional evidence and consider the claim again.

The Board has remanded the case for further development and consideration of the veteran's claims to reopen service connection.

The VA denied the veteran's claim for an increased disability rating for his service-connected bladder disorder, currently rated at 30 percent.

The Board has received notification that the appellant wishes to withdraw their appeal. As a result, the appeal is dismissed.

The Board has determined that the veteran is not entitled to a compensable evaluation for his bilateral lower extremity disorder, as there is no evidence of significant disability or impairment.

The Board has granted service connection for the loss of specific teeth (numbers 7, 8, and 9) for the purpose of receiving VA outpatient dental treatment. The decision is based on the veteran's credible report of an accident during basic training that resulted in the loss of these teeth.

The Board denied the veteran's claim for nonservice-connected disability pension, finding that his service did not qualify him for such benefits due to it being under the auspices of the USAFFE rather than as a Regular Philippine Scout.

The Board denied the appellant's accrued benefits claim as it was not filed within one year of her husband's death, and there is no evidence that he had a pending claim for such benefits at the time of his death.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for an esophageal disability. The veteran is now entitled to service connection for this condition.

The veteran's claims for increased evaluations and service connection were denied. The left ankle disability was rated at 30 percent, with a separate 10 percent evaluation for the associated scarring. Service connection was granted for muscle spasms as manifestations of an undiagnosed illness.

The Board denied the veteran's claims for service connection of periodontal disease secondary to his service-connected psoriasis and denied a temporary total rating due to hospitalization. The evidence did not support the veteran's contention that his periodontal disease was caused by his prescribed medication for psoriasis.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder, finding no current diagnosis of this condition and noting that it was not incurred in or aggravated by service.

The Board found that the veteran's current heart and circulatory disorder was not incurred in or aggravated by service, nor is it related to nicotine dependence. The claim for TDIU remains pending as there is insufficient evidence to determine if his disabilities render him unemployable.

The Board denied the appellant's claim for service connection for the cause of her husband's death due to colonic adenocarcinoma, attributing it to Agent Orange exposure during military service. However, no medical evidence supports a link between Agent Orange exposure and colon cancer.

The veteran's cardioembolic stroke resulting from treatment at VA facilities in August 2000 was not determined to be the result of carelessness, negligence, lack of proper skill or error in judgment on the part of VA health care providers. Therefore, compensation benefits pursuant to 38 U.S.C.A. § 1151 were denied.

The Board of Veterans' Appeals denied the appellant's claim for VA death benefits and accrued benefits due to a forfeiture based on rendering assistance to an enemy of the United States.

The Board has remanded the case for a VA examination to determine current prostate/genitourinary pathology and any additional permanent disability resulting from prior VA treatment. The veteran's claim will be readjudicated based on the new evidence.

The Board has remanded the veteran's claims for anal fissures with rectal bleeding and pericarditis due to incomplete records, including service medical records and VA treatment records. The veteran is given one year to provide any additional evidence.

The veteran's claim for an increased evaluation of his service-connected functional gastric syndrome is being remanded due to the need for additional development and notification under the VCAA.