Other conditions decisions — 2004

The Board has determined that additional development is needed to properly adjudicate the veteran's claims, including obtaining medical records and clarifying representation status.

The Board denied the veteran's claim for an earlier effective date of July 26, 2002 for additional compensation based on his wife's dependency. The veteran argued that he should have received this benefit from their marriage in November 1990, but the VA did not inform him of such benefits at the time.

The VA reduced the veteran's total disability evaluation to ten percent effective from August 10, 2002 due to his incarceration for a felony conviction.

The Board denied the appellant's request for an earlier effective date for DIC benefits, finding that the July 1997 decision awarding service connection was not clear and unmistakably erroneous.

The Board denied the veteran's claim for educational assistance benefits under Chapter 30, determining that his delimiting date was June 29, 2002.

The Board has granted a 10 percent evaluation for the veteran's residuals of a shell fragment wound to the right calf, which is currently rated as noncompensable.

The VA denied compensation under 38 U.S.C.A. § 1151 for the veteran's left elbow osteomyelitis, concluding that it was not caused by carelessness or negligence on the part of the VA.

The veteran's claim for service connection for deep vein thrombosis of the legs (claimed as blood clots and swelling) is being remanded to the RO for further consideration, including review of additional medical evidence submitted since the last supplemental statement of the case.

The Board found that the veteran does not have basic eligibility for VA non-service-connected pension benefits due to a lack of qualifying military service, and thus denied his appeal.

The Board denied the veteran's claim for service connection for arthritis of the back and his request for an increased rating for genital herpes. The veteran is not entitled to a higher initial disability rating for genital herpes.

The Board determined that the appellant is not eligible for VA death benefits because her deceased spouse does not have recognized military service with the U.S. Armed Forces.

The Board is remanding the veteran's claims for service connection due to incomplete notification and development under the VCAA, as well as a need to recalculate dose estimates based on new methodology.

The Board has determined that the veteran currently suffers from post-traumatic stress disorder (PTSD) and has linked it to his in-service stressors, including exposure to enemy mortar attacks at Vung Tau Army Airfield. As combat status was not established by objective evidence of record, credible supporting evidence for the claimed stressor is necessary. The Board found that the veteran's presence with his unit during the reported attacks strongly suggests he experienced such attacks personally.

The veteran's service-connected disabilities render him incapable of attending to the wants of nature on a regular basis, meeting the criteria for special monthly compensation based on need for aid and attendance.

The veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA skin examination.

The veteran's service-connected Epstein-Barr infection, manifested by fatigue and joint pain, was restored to a 20 percent rating effective December 1, 1999.

The Board has determined that there is no current diagnosis of active malaria or its residuals, and thus a compensable disability rating for malaria is denied.

The veteran's appeal includes two issues: a request for an initial rating greater than 20 percent for his service-connected back disability, and a request for an earlier effective date for the TDIU rating. The case is being remanded to allow further development of evidence.

The Board has remanded the case for further development and consideration, including reviewing new evidence submitted by the veteran at his hearing.

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