Other conditions decisions — 2004

The Board has decided to remand the case for further development due to additional evidence not previously considered by the RO.

The RO reduced the veteran's disability ratings for mixed germ cell carcinoma and metastatic lung carcinoma, resulting in a final noncompensable rating for the former and a 30% rating for the latter.

The veteran's claim for a compensable rating for his right inguinal hernia, post-operative, and for TDIU was denied. The Board found that the evidence did not support a higher evaluation for the hernia or an award of TDIU due to unemployability.

The veteran's claims for a compensable evaluation for service-connected Weil's disease and service connection for residuals of cold injuries to both feet have been granted.

The Board has reopened the veteran's claim for service connection due to new and material evidence submitted since the last denial. The issue of whether military service aggravated a pre-existing injury is now before the Board.

The Board found that the veteran does not have disability as a result of a positive skin test for tuberculosis and denied service connection for residuals of pneumonia.

The Board has determined that the veteran's service-connected malaria is currently asymptomatic and does not meet the criteria for a compensable disability rating.

The Board found that the veteran's vision impairment was not caused by VA treatment, but rather due to natural progression of his underlying ocular conditions.

The Board denied service connection for the cause of the veteran's death and denied DIC under 38 U.S.C.A. § 1318.

The veteran died in July 1987 due to complications of hepatomegaly and schistosomiasis. The Board denied service connection for the cause of death as there was no evidence linking these conditions to his military service. The claim for accrued benefits was also denied because the appellant did not file her claim within one year of the veteran's death.

The Board has determined that the veteran's claim for service connection for post-traumatic stress disorder requires further investigation and verification of his reported stressors. The case is being remanded to the RO via the Appeals Management Center in Washington, D.C.

The Board has dismissed the appeal because the veteran died during the pendency of the appeal.

The Board denied the appellant's claim for an apportioned share of her spouse's VA benefits due to their estrangement, finding she was not entitled by law to such a benefit.

The Board determined that the appellant does not meet the criteria for special monthly death pension based on need for aid and attendance of another person or being housebound.

The Board denied the appellant's claim for VA benefits because her deceased spouse did not have the required military service to render her eligible.

The Board found that the veteran's left index finger degenerative joint disease, manifested by favorable ankylosis of the distal interphalangeal joint with complaints of pain and cramping, does not meet the criteria for a higher rating than 10 percent.

The Board denied the veteran's claims for service connection for a deviated nasal septum and for increased evaluations for loss of smell and taste. The veteran was awarded a noncompensable evaluation for loss of gustatory sense.

The Board has referred the case back to the RO for further review due to new medical opinions obtained by the Board.

The Board denied the appellant's claim for retroactive payments of Dependents' Educational Assistance (DEA) benefits. The case was remanded due to issues with VCAA notification.

The Board has remanded the case for additional development due to insufficient notification under the Veterans Claims Assistance Act of 2000.