Other conditions decisions — 2004

The Board denied the veteran's request for an earlier effective date of January 25, 1993 for her total disability evaluation based on individual unemployability (TDIU).

The Board denied the appellant's claim for VA death benefits and dependency and indemnity compensation, finding that her late husband did not meet the criteria to be considered a 'veteran' under VA laws.

The Board granted a 10 percent rating for the veteran's service-connected residuals of nose injury, status post septoplasty, finding that this was the maximum evaluation allowed under Diagnostic Code 6502.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for the residuals of a craniotomy and resection of a right cerebellar pontine angle schwannoma, but also claims that VA's failure to diagnose his brain tumor in the 1980s caused current hearing loss.

The Board found no current diagnosis of pleurisy or associated residuals, and thus denied the veteran's claim for service connection.

The Board denied an earlier effective date for the grant of pension benefits, finding that the veteran's claim was filed on November 24, 2000, and there was no evidence of a prior informal or formal claim before this date.

The Board has determined that the earliest date as of which an increase in disability was ascertainable is April 13, 2001, and thus grants a compensable rating for coccyalgia effective from this date.

The Board denied the veteran's claim for service connection for a left eye disability, finding that his pre-existing refractive error of vision was not incurred or aggravated by active service.

The Board has denied the veteran's claim for service connection for residuals of Epstein-Barr virus, including infection of the liver and spleen. The appeal is based on new evidence that reopened this issue.

The Board is remanding the case for additional development, including obtaining service medical records and other relevant treatment records.

The Board has determined that the veteran's residuals of shell fragment wounds to Muscle Groups XIV and XV meet the criteria for a 40 percent evaluation.

The appellant's request for an extension of the delimiting date for educational assistance benefits was denied as her request was not filed within one year from the end of her original period of eligibility.

The Board has remanded the case due to insufficient evidence regarding whether Paget's disease developed during service or is related to any bone infection experienced in service.

The Board has granted an extension of the appellant's basic 10-year period of eligibility for receiving educational assistance benefits under Chapter 30, Title 38, United States Code due to a physical disability preventing him from initiating or completing his chosen program of education.

The Board found that the causes of the veteran's death were not incurred or aggravated during his military service and did not find any evidence linking these conditions to such service. The Board denied the claim for service connection.

The case is being remanded for further development to verify the deceased spouse's service and determine if basic legal entitlement to VA benefits exists.

The Board has granted the veteran's claims for service connection for a lung disorder, secondary to malaria and entitlement to a compensable rating for residuals of malaria. The effective date is not specified.

The veteran's appeal is denied as he does not have legal entitlement to VA pension benefits due to his service with the 'new' Philippine Scouts from July 1946 to May 1949, which is not qualifying service for VA pension benefits.

The Board found no evidence of flash burns to the right side of the face during service and denied the veteran's claim for service connection.

The Board found that there was clear and unmistakable error in the January 1975 rating decision for failing to assign a separate 10 percent rating for residuals of gunshot wounds to both the left forearm and right hand. The veteran's service-connected gunshot wounds were rated as moderate disabilities under applicable VA regulations.