Other conditions decisions — 2004

The Board has remanded the case for further development, including obtaining medical opinions to determine the etiology of any foot disorders found and whether they are related to service.

The veteran is seeking compensation under 38 U.S.C. § 1151 for residual effects of a carotid endarterectomy performed in June 1996, but the VA medical records from that hospitalization are missing and need to be obtained.

The Board found that the veteran's preexisting ulcers and spastic stomach did not worsen during service, thus denying his claim for service connection.

The Board denied a rating greater than 10 percent for the veteran's service-connected residuals of fractured left zygoma with deviated septum and antrostomy, finding that there was no evidence of significant neurological impairment to the face or of deviated septum with significant interference with breathing space or airflow.

The Board found that the veteran's jaw disability was not caused by VA care, and thus did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the cause of the veteran's death, submassive hepatic necrosis and probable steatosis, was caused by an undiagnosed illness incurred in service. As such, service connection for the cause of death is granted.

The Board found that the veteran's service-connected residuals of idiopathic anaphylaxis with recurrent angioedema do not warrant a higher rating, as they are currently evaluated at 40 percent under Diagnostic Code 7118 for angioneurotic edema. The maximum evaluation available under this code is 40 percent.

The Board has determined that the cause of the veteran's death, myocardial infarction, was not caused or contributed to by any service-connected condition.

The veteran is requesting an increased rating for his service-connected residuals of rheumatic fever, currently rated at 10 percent. The RO has not considered all available evidence and the veteran's current symptomatology related to this condition.

The Board denied the veteran's claims for higher ratings for his service-connected right leg and left elbow disabilities, finding that there was no evidence of an increase in disability within one year prior to June 13, 1997.,The effective date remains at June 13, 1997, as this is the earliest date on which a claim for increased benefits was received.

The veteran's appeal is being remanded for additional development to ensure compliance with the Veterans Claims Assistance Act of 2000 and other relevant laws, regulations, and procedures.

The Board denied the veteran's claim for service connection for a left eye disability, finding that there was no evidence of permanent worsening during service and that any current issues with his eyes were not related to service.

The Board found that the veteran's right ear disorder, including postoperative residuals of atticotomy, antropotomy, tympanoplasty, and ossicular reconstruction, was incurred in active service due to a mortar blast injury. As such, the claim for service connection is granted.

The veteran's claim for an earlier effective date for TDIU was denied as there is no evidence showing he was unemployable due to service-connected disabilities prior to August 20, 1997.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for foot disabilities. The appeal is granted.

The Board has granted service connection for arthritis of the right hip and arthritis of the right leg, finding that these conditions are linked to injuries sustained in service.

The Board denied the appellant's request to revoke a forfeiture of eligibility for VA benefits, finding that no new and material evidence had been submitted since the previous decision.

The veteran is seeking service connection for syphilis, which he contends was incurred while on active duty in the Army in Vietnam. The case has been remanded due to incomplete medical records and a need for further examination.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board found that the veteran's service-connected residuals of bilateral frozen feet did not cause or contribute to his death, and thus denied the claim for service connection for the cause of death. The appellant's eligibility for Dependents' Educational Assistance under Chapter 35 was also denied due to her income exceeding the maximum annual income limit.