Other conditions decisions — 2004

The Board of Veterans' Appeals has determined that the veteran does not have a current lung disorder and therefore cannot establish service connection for this condition.

The Board denied service connection for gastroenteritis and did not reopen the claim for a dental disorder.

The veteran's appeal is being remanded for additional development to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA). This includes obtaining all relevant medical records, including those from VA and private healthcare providers. The VBA AMC must also provide proper notice under the VCAA.

The veteran's basic eligibility for Chapter 30 benefits is not at issue. The appeal involves the amount of Chapter 30 benefits to which he is entitled under the law, based on his 25 months of completed active service and a condition that did not result from his own willful misconduct but interfered with his performance of duty.

The Board has granted a 30 percent evaluation for the veteran's service-connected left elbow injury with arthritis, which was previously rated at 20 percent.

The Board denied service connection for an epidermoid tumor of the splenium of the corpus callosum, finding no evidence linking it to service or exposure to herbicides.,The cause of death was also denied as there was insufficient evidence to establish a direct link between any condition and the veteran's demise.

The veteran's claims for service connection for chest pain and an organic brain disorder, claimed as cortical atrophy with dizzy spells and altered mentation, were denied because there is no evidence of a chronic disability manifested by these conditions that can be linked to active service or exposure to herbicides.

The Board found no evidence of an esophageal condition in service or until many years after service, and concluded that the veteran's current esophageal disorder is not related to his exposure to ionizing radiation during service. The claim for service connection was denied.

The Board found that the veteran's claimed residual disorder is not related to his in-service mononucleosis and denied service connection.

The Board denied the appellant's claims for an earlier effective date and service connection, finding that the April 1977 and July 1984 rating decisions denying DIC benefits were not in error. The effective date for DIC benefits was set at August 26, 1991.

The veteran's cause of death, adenocarcinoma of the stomach, was not found to be service-connected due to lack of evidence linking it to his military service or any presumptive conditions.

The veteran's bilateral pes cavus with hammertoes is currently rated at 30 percent for the period from June 30, 1999, to November 4, 2003. The Board has determined that a rating of 50 percent is warranted for this period based on his current condition post-surgery. For the period from January 1, 2004, forward, he is entitled to a temporary evaluation of 100 percent due to surgical treatment necessitating convalescence.

The veteran's claim for service connection for transverse myelitis is remanded due to the need for additional development, including obtaining medical records and providing proper VCAA notice.

The Board found that the veteran's death was not caused by or substantially related to any service-connected disability, and denied all claims.

The Board has determined that the veteran's claim for service connection for residuals of a head injury, to include aggravation of a convulsive disorder, should be remanded due to the need for additional development and consideration.

The Board found that the May 1970 rating decision did not contain clear and unmistakable error in failing to assign separate ratings for peripheral nerve damage related to a shell fragment wound of the left hand, nor in failing to assign separate ratings for scars as residuals of a shell fragment wound of the left hand.

The Board denied the appellant's claim to reopen her DIC benefits under 38 U.S.C.A. § 1310 and § 1318, finding that new and material evidence had not been received.

The Board has ordered the RO to review and consider new evidence, including personal information about the appellant's service. The decision will be remanded for further action.

The veteran's claim for special monthly compensation by reason of being in need of regular aid and attendance or housebound due to a service-connected disability is remanded for further development.

The appellant's son died while on active duty and is not eligible for VA burial allowance benefits as a matter of law.