Other conditions decisions — 2004

The Board denied the appellant's claim for an apportionment of the veteran's compensation benefits on behalf of their minor children, finding that the veteran was reasonably discharging his responsibility for support and there was no financial hardship to warrant such a division.

The Board denied the veteran's claim for service connection for CADASIL and migraine headaches, finding that new evidence did not establish a current diagnosis of CADASIL.

The VA determined that the veteran's claimed residuals of a fracture of the left little finger were not incurred or aggravated by active service and may not be presumed to have been so incurred.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding no additional disability resulting from VA treatment and concluding that there was no fault on the part of the VA.

The Board is considering whether new and material evidence has been received to reopen claims for service connection for malaria, a bilateral ear disability, and Prisoner of War status. The veteran's application for benefits includes applications to reopen claims for service connection for coronary insufficiency and osteoarthritis of the cervical spine.

The veteran's service-connected post-operative residuals of a vagotomy and pyloroplasty due to a duodenal ulcer have not produced manifestations of anemia or weight loss to cause definite impairment of health, nor have they caused periodic vomiting or recurrent hematemsis or melena. As such, the claim for an increased rating is denied.

The Board has granted a disability rating of 40 percent for the veteran's right eye condition, which is currently rated as 30 percent disabling. The evidence shows anatomical loss in one eye and vision acuity in the other eye at 20/25.

The Board has determined that the veteran's claim for service connection for arthritis of his right great toe was denied on its merits after reopening it in December 1976. The evidence received since then does not provide a new or material basis to support the claim.

The Board has remanded the case for further action, including scheduling a videoconference hearing and readjudicating the claim.

The veteran's claim for an increased disability rating for his skin disorder was denied by the RO.

The Board denied the veteran's claims for increased evaluations for his service-connected varicose veins of the left leg and surgical scars of the left leg, finding that the evidence did not meet the criteria for a higher rating.

The RO denied service connection for arthritis of the feet and has remanded the case for further action.

The Board found new and material evidence had not been submitted to reopen the claim of service connection for cardiovascular artery disease with myocardial infarction. The veteran's original claim was denied in 1989, and no appeal was filed. New medical records were submitted since then but did not provide any new information.

The veteran seeks to reopen his claim for service connection for dental disability and is also seeking a rating increase for flat feet. The RO has been instructed to obtain relevant medical records, including those from the Pocatello Dental Group and Social Security Administration (SSA). A VA examination is required to assess the current severity of the veteran's flat feet.

The veteran's appeal is being remanded due to the need for consideration of claims related to earlier effective dates and potential clear and unmistakable error (CUE) in a previous rating decision.

The case is remanded to the VBA AMC for further development, including obtaining VA and private treatment records, arranging for examinations, and readjudicating the claims.

The Board denied the veteran's claims for service connection for discoid lupus, alopecia, and a respiratory disorder, all to include as due to herbicide exposure in Vietnam.

The veteran's claims for service connection for a skin rash, headaches with memory loss, bilateral hearing loss, and left hip disability were denied. The Board found no evidence of a link between the claimed conditions and herbicide exposure or any other incident of service.

The Board has remanded the case for additional development, including obtaining medical opinions and records to determine if the veteran's left eye disorders are related to his service.

The veteran's claim for an increased evaluation of his service-connected psychiatric disability was denied as a matter of law. The effective date for the grant of total rating for compensation purposes based on individual unemployability (TDIU) is March 31, 1997.