Other conditions decisions — 2004

The veteran's appeal was dismissed because he died during the pendency of his appeal, and thus the Board had no jurisdiction to adjudicate the merits of his claim.

The Board has remanded the case for further development, including a VA examination to determine the etiology of the veteran's stroke and cardiovascular disability. The appeal will be reconsidered after this additional development.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for multiple joint arthritis. However, the claim remains denied as there is no established link between the current condition and military service.

The Board denied the appellant's claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151 based on VA treatment, finding that there was no evidence of negligence or fault in the veteran's care.

The veteran's service-connected hysterectomy with removal of ovaries secondary to pelvic adhesive disease is currently rated at 50 percent, and her service-connected pelvic adhesive disease is also rated at 50 percent. The veteran's depressive disorder has been assigned a 30 percent evaluation from September 13, 1999 to February 9, 2003, and a 30 percent evaluation thereafter.

The Board found that the veteran's collarbone injury preexisted service and was not aggravated by service, thus denying her claim for service connection. For her obstructive lung disease, the Board determined there is no current disability to warrant a higher evaluation.

The Board denied the veteran's claims for an increased rating for his right elbow disability, finding that the schedular criteria did not meet the requirements for a higher evaluation. The Board also found no basis to grant an extraschedular evaluation.

The Board denied an increased disability rating for the veteran's status-post fracture of the right fifth metatarsal with calcaneal spurring, currently rated as 0 percent disabling.

The Board has remanded the case due to inadequate examination and VCAA compliance issues, requiring further development of the record.

The Board found that the veteran's eye disability with loss of vision is not proximately due to or the result of his service-connected diabetes mellitus.

The Board denied the veteran's claim for service connection for his skin disorder of angiokeratoma of the scrotum, finding that it was not incurred or aggravated by active service and specifically ruled out exposure to herbicides as a cause.

The Board found that the veteran's peptic ulcer disease was not incurred in or aggravated by service and denied his claim.

The medical evidence shows that myositis ossificans of the left upper arm has been manifested throughout the appeal period by slight or no weakness, no significant limitation of motion, and slight aching. The criteria for an initial rating greater than 10 percent are not met.

The Board found that the veteran abandoned his claim of entitlement to service connection for fatigue due to his failure to respond within one year to a request for information from VA.

The Board has vacated its previous decision and dismissed the appeal of the veteran's claims for service connection for chorioretinitis and uveitis, with blindness, and entitlement to benefits under 38 U.S.C.A. § 1151 for chorioretinits and uveitis with blindness due to the veteran's death before the Board could make a final decision.

The Board denied reopening the claim of service connection for residuals of exposure to ionizing radiation, including a skin disorder claimed as a residual of radiation exposure.

The veteran is seeking service connection for a left upper extremity disorder that she believes is related to her mastectomy. She also seeks increased ratings for her right foot and toe disabilities. The case has been remanded for further examination and development.

The veteran's claim for a higher rating for his service-connected right eye chorioretinitis is being remanded due to the need for additional medical examination and records.

The veteran requested to withdraw his appeal concerning the total disability rating based upon individual unemployability due to service-connected disability. The right knee disability claim is being remanded for further development.

The veteran's case is being referred to his representative, the Veterans of the Vietnam War, Inc., for further review.