Other conditions decisions — 2004

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for basal cell carcinoma. The evidence shows a causal link between the veteran's active military service and his current condition, leading to a favorable decision.

The RO denied the appellant's claim for an extension of her delimiting date for DEA benefits. She has been given a chance to appeal this decision.

The Board denied the veteran's claims for compensable ratings for residuals of stress fractures of the right and left tibia, finding no evidence of current functional impairment warranting a higher rating.

The VA denied the veteran's request for an evaluation in excess of 10 percent for his post-operative residuals of a fracture of the left tibia with degenerative arthritic changes, as his symptoms do not warrant a higher rating based on limitation of motion or functional loss.

The Board has determined that the appellant's claim for an earlier effective date for service connection for the cause of her husband's death is denied as there are no legal grounds to grant such a request.

The Board denied the appellant's claim to reopen his basic eligibility for VA disability benefits, finding that no new and material evidence had been submitted. The appellant did not have qualifying service as a member of the Philippine Commonwealth Army or recognized guerrillas in the U.S. Armed Forces.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service in the U.S. Armed Forces.

The Board has remanded the case for additional development, including obtaining VA and Social Security Administration records, requesting unit history reports from the National Archives and Records Administration, scheduling a VA examination, and conducting further evidentiary development.

The Board denied the veteran's claims for service connection for a right arm disability and left thumb disability, as well as his request for an increased rating for residuals of a traumatic fracture of the left hand. The appeals were based on secondary service connection.

The case is being remanded to the RO for compliance with VCAA notification requirements and for readjudication of the earlier effective date claim. The appellant's accrued benefits claim will also be addressed.

The Board found that the veteran's claimed colon polyps and gastritis did not result from any incident or event of active military service, nor is either disorder listed among the conditions for which incurrence in service may be presumed due to exposure to Agent Orange in Vietnam. Therefore, service connection was denied.

The Board denied the appellant's claim for nonservice-connected pension benefits, finding that he did not have qualifying service and thus was not eligible for VA benefits.

The Board determined that the appellant did not have qualifying military service and therefore does not meet the basic eligibility requirements for VA disability benefits.

The Board has determined that further action is required before a decision can be made on the veteran's claim for waiver of overpayment of educational benefits. The case is being remanded to the RO for clarification and additional development.

The Board determined that the veteran's death was caused by hepatic amebic abscess, which is a complication of amebiasis. Since the service medical records are unavailable and there is no medical evidence of the disease during service, the presumption of service incurrence of amebiasis cannot be applied. The rebuttable presumption provisions were satisfied as there is affirmative evidence to the contrary (the veteran lived in an endemic region for amebiasis). Therefore, service connection for the cause of death was denied.

The veteran's claim for an evaluation in excess of 20 percent for his service-connected postoperative residuals of hypermotility of the bilateral temporal mandibular joints has been remanded due to a need for additional development and examination.

The Board found that the veteran's left eye disorder existed before service and did not increase in severity during service. The right eye disorder was diagnosed as refractive error, which is not a recognized disability for VA compensation purposes.

The Board has remanded the case for additional development due to issues related to service connection for arthritis of the spine.

The veteran's claim for service connection for paralysis of the lower extremities, including as due to carbon tetrachloride exposure, is being remanded for additional development and consideration.

The Board found that the appellant's pre-existing left forearm fracture did not permanently increase in severity during his period of active duty for training, and thus denied service connection.