Other conditions decisions — 2004

The Board has remanded the case for further development due to VCAA compliance issues and to obtain a VA examination.

The Board denied an increased rating for the service-connected left acromioclavicular joint disability with arthritis, maintaining that the evidence did not support a higher rating.

The Board has determined that the reduction of the schedular disability rating for the service-connected left elbow fracture from 20% to 10%, effective March 1, 2002, was proper.

The Board has determined that the veteran's service connection claim for residuals of a right great toe injury is granted, as there is competent evidence showing a nexus between the current disability and service.

The Board denied the veteran's claim to reopen his service connection for a skin condition, finding that no new and material evidence had been submitted. The veteran's skin conditions were not related to service or Agent Orange exposure.

The Board denied the veteran's claim for an increased disability rating for his service-connected left elbow disorder, currently rated at 10 percent.

The Board found that the veteran's claimed conditions were not incurred or aggravated during service and denied his claims.

The Board denied service connection for epididymitis of the left testicle, claimed as consequent to exposure to herbicides, finding no evidence linking the condition to such exposure.

The Board is remanding the case to obtain additional medical records and a medical opinion regarding whether the veteran's service-connected varicose veins contributed to his death.

The veteran's application for educational assistance benefits for flight training from June 10, 2002 to August 31, 2002 was denied because he did not have a valid Class II medical certificate during the required period.

The Board has remanded the case due to changes in the rating criteria for spinal disabilities and a need for additional examinations.

The Board denied the appellant's request to reopen his claim for VA benefits, finding that no new and material evidence had been received. The RO previously denied the claim in June 1999 due to a lack of certified US military service.

The Board denied the veteran's claim of service connection for a bi-polar disorder, finding that there was no competent evidence linking the current diagnosis to service.

The Board found that the appellant does not have legal entitlement to an earlier effective date for the grant of nonservice-connected death pension benefits, as her claim was received within 45 days of the veteran's death and the veteran's rate of payment from the month of his death was not equal to or greater than the amount to which the appellant is entitled.

The Board has denied the appellant's claim for basic eligibility for VA benefits due to her deceased spouse not having service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces.

The Board denied the appellant's request for an extension of his delimiting date for educational assistance benefits under Chapter 35, Title 38, United States Code due to age restrictions and lack of suspension of a program of education.

The Board denied the appellant's claim of entitlement to nonservice-connected death pension benefits, finding that her late husband did not have qualifying military service for VA pension purposes.

The Board denied the veteran's claim for nonservice-connected disability pension as his service was not qualifying service under VA regulations.

The VA has determined that the veteran's right wrist arthritis, which is secondary to a past fracture, warrants a 10 percent disability rating. The current range of motion and functional impairment do not meet criteria for a higher rating.

The Board previously denied service connection for the cause of the veteran's death in March 1998. New and material evidence has since been received, but it does not reopen the claim as there is no new evidence that directly relates to the specific matter under consideration.