Other conditions decisions — 2004

The veteran's cause of death was not service-connected due to the lack of evidence linking his metastatic cancer to his military service. The appellant's claim for dependents' educational benefits under Chapter 35, Title 38, United States Code, is also denied.

The Board has decided to remand the case for additional development, including obtaining worker's compensation records and medical records from private clinics. The veteran is seeking service connection for a spinal/head disability that he claims occurred during active duty.

The Board has granted a rating of 60 percent for residuals of a fracture of the left pelvis and denied an initial rating greater than 10 percent for post-traumatic arthritis with deformity of the pelvis and radiation to the left lower extremity.

The Board has determined that the appellant's deceased spouse had no recognized service for VA benefit purposes, and thus the appellant is not eligible for basic eligibility for VA survivor's benefits.

The veteran's hiatal hernia and duodenitis, with history of peptic ulcer disease, are productive of a disability picture that more nearly approximates persistently recurrent epigastric distress with dysphagia, pyrosis, epigastric pain, chest pain, severe heartburn, and reflux and regurgitation. As such, the veteran is now rated at 30 percent for this condition.

The Board has remanded the case due to procedural deficiencies and the need for VCAA compliance.

The Board has determined that additional development is needed before a final decision can be made on the veteran's claims for service connection for skin disorder, arthritis, and nerve damage of the feet and legs.

The Board has granted the appellant's claim for service connection for myelodysplastic syndrome, finding that it is related to his presumed exposure to herbicides during active military service in Vietnam.

The Board has determined that the initial administrative decision is in need of further review due to a potential error regarding the certified period of AWOL. The case is remanded for additional development and consideration.

The Board found that the veteran's cancer of the tongue and lymph nodes of the neck were incurred in service due to nicotine dependence, which is presumed as a result of smoking during military service. The decision grants service connection for these conditions.

The Board denied the veteran's claim for an earlier effective date for a total rating based on individual unemployability (TDIU) due to lack of evidence indicating he was unemployable prior to August 27, 2003.

The veteran's appeal on his claims for service connection for an intra-cranial injury and nerve damage to the head, back, and body has been dismissed due to his death. The Board cannot consider these issues as they are no longer before them.

The Board denied the veteran's claim for non-service-connected disability pension benefits as he did not meet the military service requirements to be eligible.

The VA has determined that the appellant's service-connected residuals of gastroenteritis and esophagitis, status post vagotomy and Nissan fundoplication do not warrant a rating higher than 20 percent.

The Board has determined that the veteran's claim for service connection for gum disease, including periodontitis and periodontal disease not otherwise specified, is denied as these conditions are not considered disabilities for which VA compensation benefits can be granted. The veteran failed to report for a second VA examination without good cause.

The veteran's death is being remanded for further evaluation of his service connection claim due to presumed Agent Orange exposure and cancer of unknown primary origin.

The Board denied an initial compensable rating for bilateral defective hearing prior to August 17, 2004 and a rating in excess of 20 percent for the disability on and subsequent to that date.

The Board denied the claim of entitlement to DIC benefits as there was no service-connected disability at the time of the veteran's death, and thus did not meet the requirements for DIC under 38 U.S.C.A. § 1318.

The Board has determined that the veteran does not have residuals of a left tibia fracture incurred or aggravated by service, and therefore denied his claim for service connection.

The Board denied a compensable rating for the veteran's service-connected malaria, finding no active disease process and no residuals of the condition.