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 a bilateral hand disorder, which was previously denied in September 1996. The case is now reopened.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for restoration of service connection for left eye enucleation, and it is granted.

The veteran's claim for service connection for L-1 fracture, post-operative, with residual paraplegia was denied. The effective date of the grant of service connection is December 22, 2000.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to assess the veteran's PTSD. The issues of service connection for Hodgkin's disease and groin swelling are also being addressed.

The veteran's appeal is remanded due to the need for additional development, including obtaining VA and private treatment records, providing VCAA notice, and arranging for a comprehensive neurological examination.

The Board has remanded the case due to failure to adequately show compliance with VCAA notice requirements and failure to enforce compliance with said notice requirements.

The veteran's appeal is remanded due to the need for a new VA examination and additional medical records. The issue of increased rating for his service-connected left elbow disability remains pending.

The Board denied the appellant's claim to reopen his DIC and death pension eligibility as an adult helpless child due to a lack of new and material evidence, despite previous denials. The appellant was married in 1995, which precluded him from being eligible for these benefits.

The Board found that the appellant's broken jaw resulting in extracted teeth was incurred during active military service and granted service connection for this condition.

The Board has granted an initial rating of 40 percent for residuals of a fractured collarbone and tear of the rotator cuff, which is the maximum rating available based on limitation of motion.

The veteran's claim for an increased disability rating for his service-connected low back disability is being remanded due to the need for additional evidence and a VA examination.

The Board has remanded the case for a VA examination to determine if the appellant is in need of permanent aid and attention due to her disabilities, as she currently receives pension benefits paid at the housebound rate. The appellant's claim will be reviewed again after the examination.

The Board has determined that the veteran's current disability rating of 30 percent for a detached retina, no light perception in the right eye and 20/20 vision in the left eye is appropriate. The maximum schedular amount available for blindness in one service-connected eye with normal vision in the other eye is 30 percent.

The veteran is seeking service connection for multiple chemical sensitivity, which he contends was caused by exposure to chemicals during his military service. The Board has determined that additional development of the evidence is necessary before a decision can be made.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of qualifying service in the United States Armed Forces.

The Board has remanded the case due to incomplete records and requests for additional information from medical providers.

The veteran died of acute lymphocytic leukemia, presumed to be related to his service in Vietnam. The claim is remanded for further development and consideration.

The Board denied the appellant's claim for basic eligibility for educational benefits under Chapter 30 of Title 38, U.S. Code due to her discharge being categorized as convenience of the government and not meeting the active-duty time-in-service requirement.

The Board has granted an increased rating of 10 percent for instability residual to a fragmentation wound of the left knee, and has also granted a separate 10 percent rating for traumatic left knee arthritis with motion limitation. The veteran's service connection theory is direct, there was no exposure basis provided, and the decision is effective as of the date of the Board's decision.

The Board has determined that the veteran's thoracic spine disability, currently rated at 10 percent, does not warrant a higher rating based on the evidence of record.