Other conditions decisions — 2004

The veteran is appealing to reopen his claim for service connection of organic brain disorder. The Board has determined that new and material evidence has been presented, but the appeal is not solely about service connection as it also involves exposure claims.

The Board has granted a 70 percent rating for the service-connected right hand disability, which is considered to be equivalent to loss of use of the right hand. Special monthly compensation based on the loss of use of the right hand has also been awarded.

The Board found no evidence linking the veteran's current dental disability to his service, including a facial injury sustained during active duty. The claim for service connection was denied.

The Board denied the veteran's claims for an effective date earlier than February 11, 1997, for the awards of service connection for a chronic adjustment disorder with paranoid features and HIV-related disorders. The evidence submitted did not meet the criteria to reopen these claims.

The Board denied the veteran's request for an increased rating for his service-connected bilateral testicular atrophy, finding that he is already receiving the highest disability rating under applicable criteria.

The veteran's spouse is seeking an increase in the amount of her apportionment benefits, which are currently set at $200. The RO denied this claim because it found that the appellant's monthly expenses exceed her income and thus a grant of increased apportionment would cause undue hardship on the veteran.

The Board has granted service connection for left-sided residuals of a CVA, including weakness and hand tremors, incurred during active duty. The veteran is also entitled to separate ratings for the distinct disabilities resulting from her right CVA.

The veteran's claim for VA outpatient dental treatment, including service connection of tooth number 9, and eligibility to Class I and Class II entitlement is denied as a matter of law.

The appellant's claim for basic legal entitlement to VA death pension benefits is denied as the veteran did not have qualifying service for such benefits.

The Board has determined that the veteran used more than 36 months of educational assistance under Chapter 30, Title 38, United States Code and therefore is not entitled to additional benefits.

The Board denied the veteran's claims for a compensable rating for stress urinary incontinence and service connection for myomatous uterus status post total vaginal hysterectomy secondary to service-connected stress urinary incontinence. The claim for a temporary total disability rating due to convalescence following hospitalization from April 15, 1997 to April 18, 1997 was also denied.

The Board has remanded the case due to the need for further development of evidence, including obtaining medical records and having the veteran undergo VA examinations.

The Board granted the appellant's claims for increased evaluations for his service-connected shell fragment wounds to muscle groups XI and XIV of both legs, with a rating of 10 percent assigned for the right thigh prior to February 20, 2003.

The Board found that the veteran's intervertebral disc syndrome was not incurred or aggravated during active military service and denied his claim.

The Board found that the veteran's service-connected residuals of an injury to the right chest with a history of flaccid paralysis of the diaphragm did not warrant an increased rating, as his symptoms were primarily due to non-service connected COPD and emphysema.

The Board found that the veteran's claimed coccidioidomycosis was not incurred during service or related to his military service, and thus denied his claim for service connection.

The Board has determined that the veteran's fatal peripheral vascular disease, which began during his active duty, is service-connected. This decision grants service connection for the cause of death and allows the appellant to receive Dependency and Indemnity Compensation (DIC) benefits.

The Board found no evidence of a current thoracic spine disability and denied the veteran's claim for service connection.

The Board denied the veteran's claims for service connection for the cause of his death, eligibility for nonservice-connected death pension, and eligibility for accrued benefits due to lack of evidence linking the cause of death to military service.

The Board has remanded the case due to the need for additional development, including a VA examination and consideration of the appellant's claim for an increased disability rating for his service-connected residuals of gunshot wound, left hand.