Other conditions decisions — 2004

The Board denied the appellant's claims for accrued VA death benefits and entitlement to service connection for the cause of the veteran's death due to lack of legal eligibility.

The Board found that the appellant's right shin disability did not increase in severity during service and is unrelated to his active military service. Therefore, it denied service connection for this condition.

The veteran's claim for an initial compensable rating for residuals of an appendectomy was denied as the condition does not meet the criteria for a compensable evaluation. The TDIU claim was also denied due to his service-connected disabilities not precluding substantially gainful employment.

The Board found that the service-connected residuals of a gunshot wound to the right hand with ankylosis of the metacarpophalangeal joint of the middle (long) finger with degenerative changes are principally manifested by subjective complaints of pain in the right middle finger and objective findings of ankylosis of the metacarpophalangeal joint of the right long finger, limitation of motion of the right long finger, and X-ray evidence of a metallic implant within the soft tissues along the radial aspect of the right long finger. The disability is rated based on limitation of motion under Diagnostic Code 5003.

The claim for payment of educational assistance benefits under Chapter 35 is being remanded to the RO due to inconsistencies in the program of education and course enrollment information provided by the certifying official at Diablo Valley College.

The Board denied the veteran's claim of service connection for rectal cancer, finding no evidence linking his condition to his military service or exposure to Agent Orange.

The veteran's peptic ulcer disease claim is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case for additional development to ensure full compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has reopened the veteran's claim for service connection for Friedrich's ataxia and granted it as a direct result of his military service. The condition was first manifested during his time in active duty.

The Board denied the veteran's claims for increased ratings for his service-connected shell fragment wound of the left lateral thigh and associated scars, finding that the disability did not warrant a rating in excess of 10 percent.

The Board has determined that the appellant's bilateral lower extremity varicosities do not meet or approximate the criteria for a rating in excess of 30 percent under either the old or new VA rating criteria.

The Board denied the veteran's claims for service connection for post-operative residuals of an aortic aneurism and for an initial evaluation greater than 30 percent for PTSD. The Board found no evidence linking the conditions to service, exposure to herbicides in service or to any service-connected disability.

The Board found no evidence to support a causal relationship between the veteran's current right eye disorder and an in-service right eye injury, thus denying his claim for service connection.

The Board found that the veteran's current low back disability is not related to his active military service and denied his claim.

The Board found that the cause of death, carcinoma of the sigmoid colon, was not service-connected. The veteran's service-connected conditions did not play a significant role in causing or accelerating his death. Therefore, the claim for service connection for the cause of death and DIC under 38 U.S.C.A. § 1318 were both denied.

The Board denied the veteran's claim for service connection for pulmonary emphysema due to cigarette smoking during active service as there was no evidence of a respiratory condition in service and no competent medical opinion linking the current condition to service. The new law prohibits service connection for injury or disease resulting from tobacco use.

The veteran's claims for increased ratings for his right and left knee disorders were denied as the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board found that the cause of the veteran's death was not related to his service-connected conditions and denied both the claim for service connection for the cause of death and the DIC claim under 38 U.S.C.A. § 1318.

The Board determined that the appellant did not have the required military service to qualify for VA benefits and thus is not eligible for such benefits.

The Board has granted a 20 percent evaluation for hypercalcinuria with recurrent stones, which is the maximum schedular rating available under Diagnostic Code 7509. The veteran's service-connected hemorrhoids and perforated left tympanic membrane are not rated higher as they do not meet the criteria for compensable evaluations.