Other conditions decisions — 2004

The VA determined that there is no diagnosed disability characterized by leg swelling and pain or loss of feeling in toes, which were not incurred in or aggravated by active duty.

The Board found that the appellant's old compression fracture of the thoracic spine at T6 is not related to his active duty for training in 1970 and denied service connection.

The Board finds that the veteran's service-connected right antebrachial cutaneous nerve injury is productive of persistent numbness and intermittent dysesthesia, warranting a 10 percent disability rating. The evidence does not support an evaluation in excess of this level.

The veteran's claim for service connection for muscular weakness and numbness in the arms and hands was denied due to lack of evidence linking these conditions to his active duty. The Board has ordered a new examination to determine the etiology of the veteran's complaints.

The Board found that the April 1990 rating decision denying service connection for residuals of a fractured left humerus with open reduction was not clearly and unmistakably erroneous. The veteran's pre-existing condition did not undergo an increase in severity beyond its natural progression during his period of active duty.

The Board denied the veteran's claim for service connection for the cause of death due to a nonservice-connected condition, and also denied eligibility for Survivors' and Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to assess the nature and etiology of his back injury and headaches.

The veteran's claim of service connection for residuals of a cerebrovascular accident, claimed as secondarily related to an in-service motor vehicle accident on March 11, 1961, is being remanded due to the need for additional development.

The Board has reopened the veteran's claim of service connection for spondylolisthesis at L5-S1 and granted it, finding that the evidence is sufficient to establish that the condition was incurred in service.

The RO has remanded the case for additional development due to VCAA compliance issues and clarification of representation desires.

The Board denied the veteran's claim for service connection for loss of upper and lower posterior teeth, finding that there was no evidence of a dental disorder incurred or aggravated by active service.

The Board denied the appellant's claim for additional dependency benefits for her son, who was attending school beyond age 18. The decision states that the proper claimant should have been the son himself and not the appellant.

The Board denied the veteran's claim for service connection for throat cancer, finding no evidence of a current disability or any link to active service.

The Board denied the appellant's claim for accrued benefits due to financial assistance in purchasing an automobile, as such assistance is not a periodic monetary benefit and thus not an accrued benefit.

The veteran is seeking service connection for lupus, which he claims was incurred or had its onset during service due to exposure to Agent Orange. The case must be remanded for further development including a VA examination and obtaining relevant medical records.

The Board denied the veteran's claim for service connection for loss of teeth due to dental disease, finding that his condition did not meet the criteria for eligibility for VA outpatient dental treatment.

The VA determined that the veteran's subtotal gastric resection does not meet the criteria for a disability evaluation in excess of 40 percent, as his symptoms do not include severe pain only partially relieved by standard ulcer therapy, periodic vomiting, recurrent hematemesis or melena, with manifestations of anemia and weight loss productive of definite impairment of health.

The Board has decided to remand the case due to insufficient development and notification issues, including failure to comply with VCAA requirements. The VA must ensure full compliance with the enhanced duty-to-notify and duty-to-assist provisions enacted by the VCAA.

The Board has denied the claim of entitlement to service connection for the cause of the veteran's death due to an absence of the veteran's service medical records. The RO is instructed to request these records and associate them with the claims file.

The Board denied the veteran's claim for service connection for an eye disorder, finding that his compound hypertropic astigmatism and presbyopia are developmental disorders not related to service. The acquired cataracts, dry eyes, and macular degeneration were also found not to be incurred or aggravated by service.