Other conditions decisions — 2004

The Board has remanded the case due to the need for additional development of the record, including obtaining medical opinions and examination.

The Board denied the appellant's claim for VA nonservice connected disability pension benefits because he did not have recognized service that would qualify him for basic eligibility.

The Board has remanded the case for further development, including scheduling a VA examination to determine the current severity of the veteran's service-connected right shoulder disability and addressing whether he is entitled to a higher rating under Diagnostic Code 5201.

The Board has denied the veteran's claims for increased ratings for his service-connected epigastric pain and abdominal cramping, as well as multiple joint pain. The RO is directed to readjudicate these issues and issue a supplemental statement of the case if necessary.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim of entitlement to revocation of forfeiture of VA benefits, which was originally denied in September 1979. The decision is final.

The VA denied the veteran's claim for a higher rating for his right trapezius strain, finding that the condition has been manifested by no more than moderate muscle injury and slight limitation of motion.

The veteran's claims for service connection for a bilateral leg disability and a compensable evaluation for chronic tonsillitis were denied. The denial of the bilateral leg disability claim is final, as it was not appealed in the initial decision. New evidence received since the December 2000 rating decision did not provide new or significant information to reopen the claim.

The Board determined that the veteran's chronic acquired variously diagnosed skin infection or disease of the feet was incurred in service and granted service connection.

The Board has found new and material evidence sufficient to reopen the claim of service connection for the cause of the veteran's death, which was previously denied in 1995. The appellant now contends that rectal cancer, which caused her husband's death, is related to his military service.

The Board has denied the veteran's claim for service connection for the residuals of dental trauma, finding that there is no credible evidence showing that the loss of teeth was due to combat wounds or other service trauma. As such, the appeal must be denied.

The Board denied service connection for a liver disability and the claim for an increased rating for herniated nucleus pulposus of the lumbosacral spine. The veteran's liver disorder was not found to have originated during military service, nor is it due to his service-connected low back condition.

The Board denied the appellant's claim for basic eligibility for VA disability compensation benefits based on his service with the Merchant Marine, finding that he did not have qualifying service in active military service.

The Board denied the veteran's claim for an earlier effective date for service connection and compensation for abdominal pain due to undiagnosed illness, finding that the earliest date of entitlement was May 19, 2000.

The Board has decided to remand the case for additional development, including obtaining medical records from two physicians who treated the appellant.

The veteran's appeal is being remanded to the RO for further development and consideration of his claim for an earlier effective date for a grant of total disability rating based on individual unemployability (TDIU).

The veteran claims service connection for malignant mesothelioma, which he alleges is related to asbestos exposure during his military service. The case is being remanded due to the need for a VA examination and further development of evidence.

The Board has denied the veteran's claims for service connection for caries, generalized, moderate to severe, periodontitis and impaired masticatory function due to lack of new and material evidence.

The Board has determined that new and material evidence has not been presented to reopen the determination that the character of the appellant's discharge is a bar to VA benefits (exclusive of health care under Chapter 17, Title 38, United States Code).

The Board denied the appellant's claim to revoke her forfeiture of VA benefits, finding that new and material evidence had not been submitted.

The Board granted DIC based on new and material evidence submitted by the appellant, effective from March 1, 2000, the date of the veteran's death.