Other conditions decisions — 2004

The veteran's claims for increased ratings and service connection were denied. The claim to reopen his hearing loss was also denied, as new and material evidence had not been received.

The Board has remanded the case due to incomplete information regarding the cause of the veteran's death, and requests updated medical records and a death certificate listing the actual cause(s) of the veteran's death.

The Board denied the veteran's claim for service connection for squamous carcinoma of the left tonsil, finding no evidence that it was incurred during or aggravated by military service, including exposure to herbicides. The Board concluded that there is no positive association between the condition and any event relating to his service in Vietnam.

The Board found that the appellant could not be recognized as the decedent's surviving spouse for VA benefits purposes due to an undissolved marriage to B.T. prior to her marriage to the appellant.

The Board has found new and material evidence to reopen the claim for service connection for residuals of an inservice head and neck injury. The claims for service connection for residuals of an inservice back injury and depression as secondary to an inservice neck and back injury with headaches are being remanded for further development.

The Board found that the appellant's lower-back disability did not begin during service and denied his claim for service connection.

The Board found that the veteran does not have residuals of a left eye injury incurred or aggravated during his military service.

The Board has remanded the case for further action due to additional medical evidence submitted by the appellant.

The Board has determined that the veteran's service-connected hiatal hernia, varicose veins with venous stasis, and right ulnar nerve compression syndrome do not warrant a higher disability rating under the applicable VA rating criteria.

The VA denied a rating in excess of 30 percent for the veteran's right middle lobe syndrome, status post right lobectomy, based on most recent pulmonary function test results showing FEV-1 of 69% predicted and DLCO (SB) of 68% predicted.

The Board has determined that additional development is needed to determine if the veteran's stomach cancer was caused by exposure to ionizing radiation during his service aboard the USS ENTERPRISE. The case will be referred for further consideration under VA regulations.

The Board found that the cause of the veteran's death, metastatic colon carcinoma, was not caused or contributed substantially to his death by any service-connected disability. The appellant's claims for DIC under 38 U.S.C.A. § 1318 and Dependents' Educational Assistance were also denied.

The veteran's claim for additional benefits based on his daughter's school attendance beyond age 23 was denied by the Board of Veterans' Appeals.

The Board has determined that the veteran's death was caused by his service-connected disabilities, specifically multiple falls and head injuries resulting from those falls. These conditions are considered to be directly related to his military service.

The Board has granted a 40 percent evaluation for the service-connected thoracic spine disability, effective from December 1, 2002. The veteran's application for an increased rating for residuals of amebic dysentery with irritable colon is remanded due to insufficient evidence.

The veteran's claim for an increased rating for bradycardia with syncopal episodes with pacemaker implantation is being remanded due to the need for additional development and consideration under the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's application for VA health care was denied because he did not submit the application prior to January 17, 2003, and as a Category 8 enrollee with income exceeding the geographic-means test, he is not eligible for VA health care.

The Board has remanded the case for further development, including obtaining a private medical opinion from a VA physician who treated the veteran at Chillicothe VA Medical Center. The appeal will be reconsidered after this additional development.

The Board found that the veteran's pre-existing eye disorders did not undergo an increase in disability or were otherwise aggravated by military service.

The Board found that the veteran's left eye condition existed prior to service and did not increase in disability during his military service. Therefore, the claim for service connection was denied.