Other conditions decisions — 2004

The veteran's service records do not show any treatment for cold weather injuries to his hands and feet during active duty. The VA examiner noted evidence of repeated changes in skin temperature and pain, but this was based solely on the veteran's reported history. The case is being remanded for further development including obtaining medical records and scheduling a VA examination.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for multiple myeloma. The veteran's plasmacytoma (multiple myeloma) may be related to his in-service exposure to diesel fuel, but a definitive opinion is needed.

The Board found that the veteran's duodenal ulcer disease did not meet criteria for a higher evaluation, as it did not demonstrate anemia or weight loss indicative of impairment of health. The current 20 percent disability rating was maintained.

The Board denied the veteran's claim for service connection for a lung disorder due to asbestos exposure, finding no current disability and insufficient evidence of a link between his in-service exposure and any present condition.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted due to the delay in treatment caused by her lack of notification that she had fibroids until February 2001, which resulted in a total abdominal hysterectomy.

The Board has remanded the case due to incomplete service medical records and the need for further verification of exposure. The veteran's cause of death is under review, but no specific rating or effective date was assigned.

The Board has remanded the case for further development, including obtaining a VA examination and providing notice to the veteran.

The Board found that bullous emphysema with interstitial fibrosis of both lower lobes, status post resection of the top lobe of the left lung, was not incurred or aggravated in service and denied the claim for service connection.

The Board denied the veteran's claim for service connection for multiple myeloma, finding no evidence of exposure to herbicides and no direct or presumptive link between his condition and military service.

The Board denied the claim for service connection for the cause of death due to lack of a service-connected disability and insufficient evidence linking the appellant's spouse's death to any service-related condition.

The Board has determined that the veteran's residuals of therapeutic radiation for a pituitary tumor, including panhypopituitarism and Lambert-Eaton myasthenic syndrome, were incurred in active military service.

The Board denied the appellant's claim as her deceased spouse did not have recognized service in the U.S. Armed Forces, thus denying her eligibility for VA benefits.

The veteran's appeal is remanded due to the need for additional development, including obtaining medical records and providing adequate VCAA notification.

The veteran's claim of reopening his service connection for a right ear disorder is being remanded due to the need for further action, including scheduling a hearing if requested.

The veteran's claim for a rating in excess of 10 percent for multiple noncompensable service-connected disabilities prior to August 25, 1983 was denied. The RO found that the disability did not clearly interfere with normal employability prior to September 30, 1977 and from September 30, 1977 to August 24, 1983, the disabilities were manifested by functional loss due to pain with slight limitation of flexion and extension for the left knee and moderate instability for the right knee. The RO also found that the schedular criteria for rating in excess of 10 percent for residuals of a left patella fracture and chondromalacia have not been met, and the schedular criteria for rating in excess of 20 percent for residuals of a right patella fracture with meniscectomy and patellectomy from August 8, 1988 to January 12, 2000 have not been met. The RO also found that the schedular criteria for rating in excess of 30 percent for residuals of a right patella fracture with meniscectomy and patellectomy from January 13, 2000 have not been met.

The Board has determined that the veteran's colorectal cancer with metastasis to the lungs is not related to his exposure to Agent Orange during service, and thus denied his claim for service connection.

The Board denied the appellant's claim for basic eligibility for non-service-connected pension benefits due to a lack of threshold service eligibility requirements, as his period of active duty did not meet the statutory requirement of being during a period of war.

The veteran is seeking compensation for depressive psychosis claimed to have resulted from a VA electromyogram performed in September 1995. The Board has ordered remand due to inadequate examination and failure to comply with VCAA requirements.

The veteran's claim for an increased rating and a separate rating for musculocutaneous nerve injury is being remanded due to the need for additional examination.

The Board has remanded the case for additional development, including obtaining service medical records and scheduling a VA examination to determine if any preexisting eye disorder was aggravated during active duty.