Other conditions decisions — 2004

The Board denied the veteran's claims for increased evaluations for cheilitis granulomatosis and dysthymia, finding that her condition did not meet the criteria for an evaluation in excess of 30 percent under the applicable rating criteria.

The Board found that the appellant is not entitled to an effective date earlier than September 1, 1999 for a monetary award of accrued benefits due to jurisdictional issues related to the veteran's death.

The veteran's claim for non-service-connected pension benefits was denied because he did not meet the qualifying wartime service requirements.

The Board has remanded the case for additional development due to a significant change in the law and other procedural issues.

The case is being remanded for additional development to determine the appellant's basic eligibility for educational assistance benefits due to a TDIU grant.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to accrued benefits. The claim for service connection was based on direct evidence, not a presumption or secondary condition.

The veteran's service-connected residual jungle rot of both feet is granted. An initial compensable evaluation for bilateral hearing loss from July 31, 2001 to December 21, 2003 has been granted.

The VA denied the appellant's request for payment or reimbursement of unauthorized medical expenses incurred at Langlade Memorial Hospital on September 20, 2001.

The Board has determined that the case must be remanded to obtain additional records and determine the precise nature of the veteran's exposure to radiation, if any. The claims for service connection will be adjudicated on a de novo basis.

The veteran developed endophthalmitis of his left eye and underwent an enucleation following chemotherapy for non-Hodgkin's lymphoma. A private physician opined that this condition was caused by improper treatment at a VA medical facility, leading to the Board granting compensation under 38 U.S.C.A. § 1151.

The veteran seeks service connection for residuals of cold injury to his feet and legs. The Board has ordered additional development, including obtaining unit histories, morning reports, and clinical records from a field hospital, as well as evidence corroborating the veteran's exposure claims.

The veteran's appeal is being remanded for additional development of his VA outpatient records and social security disability records, as well as an examination to assess the current severity of his service-connected right eye disability.

The veteran's claim for service connection for a right eye disability is being remanded to obtain additional medical evidence and to provide the veteran with an opportunity for a VA examination.

The Board denied the appellant's request to reopen his forfeiture of veterans benefits, finding that new evidence did not change the initial determination and was not significant enough to warrant reconsideration.

The veteran's death was not caused by a service-connected condition, and the appellant did not have legal entitlement to accrued benefits or VA non-service connected pension benefits.

The Board dismissed the appellant's appeal for service connection due to his withdrawal of the appeal regarding the residuals of a shrapnel wound to the right leg. The claim for service connection for residuals of a hernia repair was denied as there is no competent medical evidence showing current residuals.

The Board found no evidence to support the veteran's claims of stress fractures in his legs and feet, concluding that any such injuries were acute and resolved with treatment during service.

The Board has determined that the veteran's TMJ dysfunction, trigeminal paresthesias/dysesthesias, and sternocleidomastoid and trapezius muscle spasms are related to his in-service dental surgery. However, tinnitus, sinusitis pain, facial paralysis, slurring of speech, tooth breaking, drooling, gastric distress and flatulence were not incurred or aggravated by service.

The Board granted service connection for PTSD, and denied the remaining claims of entitlement to service connection for respiratory problems, left leg weakness, skin rash, upper joint extremity pain, and hemilectomy due to undiagnosed illness.

The VA has determined that the veteran does not have current cardiomegaly and therefore cannot establish service connection for this condition.