Other conditions decisions — 2004

The Board found that the causes of the veteran's death were not incurred or aggravated during his military service, and denied both the claim for service connection for the cause of death and the claim for accrued benefits.

The Board denied service connection for cause of the veteran's death, finding no probative evidence linking his conditions to service.

The Board denied the veteran's claims of service connection for various disabilities, including head injuries resulting in loss of smell and taste. The RO is requested to clarify a possible claim for VA outpatient dental treatment based on pyorrhea.

The veteran's service-connected disability renders him incapable of engaging in substantially gainful employment, and the Board has granted a total disability evaluation based on individual unemployability due to his service-connected condition.

The Board has remanded the veteran's claims for service connection for shortness of breath and fatigue due to undiagnosed illness or other qualifying chronic disability, as they are associated with his Persian Gulf War service. The RO is instructed to consider these claims in light of the revised statute and regulation implementing the changes made by Congress.

The Board has remanded the claims for further development due to incomplete evidence and need for additional VA examinations.

The Board denied the veteran's claim for adjustment to countable income for pension purposes based on medical expenses paid in 2001, as it was already addressed and resolved by a previous decision.

The veteran is seeking an increased rating for his service-connected herniated nucleus pulposis at L5-S1, which was previously rated as 40 percent disabling from April 1, 1999. The RO has now assigned a 60 percent rating based on incapacitating episodes effective December 30, 2002. The case is being remanded for further development and consideration of the appropriate rating criteria.

The Board has determined that the veteran's hyperphoria of the right eye with convergence insufficiency was incurred during active service and is not a developmental defect. The compound myopic astigmatism, on the other hand, existed prior to service and did not worsen therein.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current skin disorder is related to his active service or exposure to Agent Orange.

The VA determined that the veteran's service-connected residuals of shrapnel wound to the right foot do not warrant a higher rating than 10 percent.

The veteran's former spouse was awarded an apportionment of the veteran's compensation benefits. The appeal is being remanded for further development due to lack of VCAA compliance.

The veteran's claim for a total disability evaluation based upon individual unemployability due to service-connected disabilities is being remanded for further development, including an examination to determine the cause of his neuropathy and whether it is related to his service-connected cold injuries.

The Board is remanding the case to the RO for further development and consideration of the veteran's claim for service connection for idiopathic cardiomyopathy, including as secondary to his service-connected thyroid hypertrophy.

The VA denied an increased evaluation for the veteran's right foot disability, as the evidence did not show that his condition warranted a rating higher than 10 percent.

The veteran's appeal is being remanded due to the need for additional medical evidence and consideration of recent changes in rating criteria.

The Board denied the claim that the veteran's cause of death was service-connected, finding no evidence linking any service-connected condition to his accidental death from intoxication.

The Board has granted service connection for the veteran's right fifth finger fracture with mallet deformity as secondary to his already service-connected fourth metacarpal fracture.

The veteran's claim for an increased rating for his service-connected left great toe fracture is being remanded due to the need to obtain additional medical records and conduct a VA examination.

The Board has determined that an examination is necessary to clarify whether the veteran currently has cataracts and if so, whether this disability is causally related to his service-connected diabetes mellitus. The case will be remanded for these purposes.