Other conditions decisions — 2004

The veteran's appeal is remanded due to a deficiency in the notification provided by the RO, which did not comply with VCAA requirements. The case will be returned for further action.

The Board denied the appellant's request to reopen her previously denied claim of service connection for the cause of the veteran's death, finding that new and material evidence did not relate to an unestablished fact necessary to substantiate the claim.

The veteran is seeking a total disability rating based on individual unemployability due to physical limitations from bayonet wounds. The VA has not yet addressed the service connection aspect of his claim, which involves determining if these injuries are related to his current conditions.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that the new evidence submitted was not new and material.

The Board found that the veteran's cause of death, cardio respiratory arrest from drowning, was not caused by or related to his service. The claim for service connection for the cause of death was denied.

The Board denied the appellant's attempt to reopen a previously denied claim for service connection for the cause of the veteran's death, finding no new and material evidence presented.

The veteran's claim for a compensable evaluation of his service-connected shrapnel fragment wound residuals to the left lower extremity was granted, with a rating of 100%.

The Board has dismissed the appeal because the veteran died during the pendency of the appeal and thus no longer has standing to pursue this claim.

The veteran's appeal is remanded due to the need for a VA examination and proper application of VCAA provisions.

The Board found the appellant's discharge from military service under other than honorable conditions due to a pattern of misconduct, and thus concluded that his period of service from April 22, 1952 to February 17, 1954 is barred for VA compensation benefits.

The veteran's claim for an evaluation in excess of 20 percent for his dorsal spine fractures is being remanded due to procedural errors and the need for additional development, including a review under the new rating criteria.

The VA determined that the veteran's hypopigmentation rash of the face and neck did not meet the criteria for a higher evaluation since September 1, 1996.

The Board has remanded the case for further evaluation of the veteran's dental disability due to service, and a VA examination is required.

The Board denied a compensable evaluation for otitis media of the right ear, finding that there is no evidence of chronic suppurative or nonsuppurative otitis media.

The veteran's claims for an increased rating for postoperative duodenal ulcer and VA pension benefits were denied due to his failure to cooperate with scheduled VA examinations.

The Board has determined that the veteran's loss of teeth did not result from service and therefore denied his claim for disability compensation.

The Board found that the veteran's right paracentral herniated disc at T11-12 is not related to her active service periods and denied her claim for service connection.

The Board denied an increased evaluation for the veteran's service-connected lipoma of the right forearm, finding that the current 10 percent rating adequately compensates him for his disability.

The Board has determined that the veteran's current disability, diagnosed as Reiter's syndrome, traumatic arthritis of left leg or back, and gout, is likely related to his period of active duty service. The decision grants service connection for these conditions.

The Board has granted increased disability ratings of 40 percent for varicose veins of the right and left lower extremities, as these conditions meet the criteria for a 40 percent rating under Diagnostic Code 7120.