Other conditions decisions — 2004

The Board found that the veteran does not currently have PTSD and denied his claim for service connection.

The Board denied the veteran's claims for service connection for loss of a testicle and residuals of epididymitis and left hydrocele, finding no evidence of current disability related to service.

The Board denied a claim for an increased rating for defective vision in the right eye, finding that the veteran's visual acuity did not warrant a higher rating based on the current evidence. The VA examination showed corrected distant vision of 20/80 in the service-connected right eye and 20/25+ in the non-service connected left eye.

The VA has determined that the veteran's current evaluation for bilateral defective hearing is at its maximum of 10 percent, and thus cannot be increased.

The Board granted service connection for cold injury residuals of the right and left hands with a 20% evaluation, effective April 4, 2002.

The veteran's claim for an increased evaluation of his service-connected spinal stenosis is being remanded due to the need for updated VA examinations and notification regarding new rating criteria.

The veteran's appeal is being remanded to the RO for further development, including adjudication of a claim of clear and unmistakable error (CUE) in a previous rating decision. The effective date for service connection will also be addressed.

The veteran's case is being remanded for a video hearing before a Veterans Law Judge.

The Board denied the veteran's petition to reopen his claim for service connection for residual of burns, finding that new and material evidence had not been provided. The RO's 1988 denial remains final.

The Board found that the veteran's cause of death, a hemorrhage due to a Cerebrovascular Accident (CVA), was not caused by or related to his military service. The Board concluded that there is no evidence linking the veteran's causes of death to any disease or injury in service or to his POW internment. Further, there is no evidence linking his service-connected malaria to his death.

The veteran's service connection for residuals of cold injury of both feet is granted, and his initial rating for left hand disability remains at noncompensable.

The Board found that the veteran's income exceeded the maximum allowable pension rate for a married veteran with one dependent, and therefore denied his claim for VA improved pension benefits.

The veteran is seeking service connection for a respiratory disorder due to tobacco use during service or nicotine dependence acquired in service. The case has been remanded for further examination and analysis.

The veteran's claims for increased ratings for his gunshot wounds to the right and left legs, as well as scars from a previous injury, were denied. The RO found that the evidence did not meet the criteria for an evaluation in excess of 20 percent for the right lower leg condition or 10 percent for the left leg condition.,The veteran's service-connected gunshot wounds to his legs have been rated at their maximum allowable under VA regulations.

The Board has determined that the appellant does not have verified active military service with the U.S. Armed Forces and therefore is ineligible for VA benefits.

The Board denied the veteran's claims for service connection for residuals of a gallbladder disorder and hypertension, including as secondary to diabetes mellitus. The denial was based on the absence of evidence linking these conditions to his military service or exposure to herbicides.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of verified service in the U.S. Armed Forces or as a member of the Philippine Commonwealth Army, including recognized guerrillas.

The veteran's single service-connected disability (anatomical loss of right eye) does not meet the criteria for a total rating based on individual unemployability.

The Board is remanding the case to the RO for scheduling an RO hearing before a local hearing officer. The appellant must clarify whether she wants a hearing at the RO or fails to report for it on the date scheduled.

The veteran's duodenal ulcer is deemed to be aggravated by his dental condition, and he is eligible for VA outpatient dental treatment.