Other conditions decisions — 2005

The Board has determined that the veteran's current respiratory disability is not related to his military service and therefore denied his claim for service connection.

The Board denied the veteran's claims for initial compensable ratings for his right first toe and left thigh disabilities, finding that the residuals of the resection did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that an effective date earlier than September 13, 2000 for the grant of a 100 percent schedular evaluation for the service-connected spinal cord injury at C3-4 and C6-7 is not assignable as a matter of law.

The veteran's claim for retroactive payment of fees for his residency program from July 1, 1998 to June 30, 2000 was denied because he did not file the claim within one year prior to March 31, 2000.

The Board has determined that the veteran's service-connected post-operative residuals of a vagotomy and pyloroplasty for duodenal ulcer disease and a hiatal hernia do not warrant an evaluation greater than 40 percent.

The VA denied the veteran's claim for service connection of a thoracic spine disability, finding no current diagnosis and insufficient evidence linking any in-service injury to his current condition.

The Board has determined that the veteran's death was caused by a service-connected condition (bilateral varicose veins) and has granted service connection for the cause of his death.

The Board denied an increased evaluation for the veteran's service-connected traumatic evulsion injury to left ring finger resulting in amputation and removal of the metacarpal bone, finding that a timely substantive appeal was not received.

The Board has determined that the veteran's cause of death, Acute Myelogenous Leukemia (AML), is related to his in-service exposure to Agent Orange. As such, service connection for the cause of death is granted.

The Board denied the veteran's claims for service connection for histiocytic lymphoma and Bowen's disease, finding no evidence of exposure to herbicides or other conditions that would support a grant of service connection.

The Board has reopened the veteran's claim for service connection for residuals of head trauma, but it is not granted as there is no new and material evidence to support the claim.

The Board has reopened the veteran's claim of service connection for a skin condition, claimed as due to mustard gas exposure. The evidence submitted since the May 1997 decision is new and material.

The veteran's claim for service connection for a skin rash of the hands and feet is being remanded due to the expansion of theories of entitlement. The RO must consider all pertinent theories including as due to Agent Orange exposure, cold weather injury, or secondary to service-connected diabetes mellitus.

The veteran's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes due to his age, education, and employment background.

The VA denied increased disability ratings for traumatic arthritis of the left great toe and residuals from excision of the left great toenail, finding that current evidence did not warrant higher evaluations.

The veteran's appeal has been dismissed due to his death.

The RO determined that new and material evidence had not been received to reopen the forfeiture of all rights, claims, and benefits (except insurance benefits) under laws administered by VA. The appellant's claim regarding his service connection for injuries in Bataan was also denied.

The veteran's use of 44 months and 4 days under Chapter 31 does not preclude his entitlement to 36 months of assistance under Chapter 30.

The veteran seeks to reopen his claim for service connection for post-gastrectomy malignant lymphoma allegedly caused by mustard gas exposure during military service. The RO previously denied the claim in August 1994, finding no evidence of mustard gas exposure and noting that the condition was diagnosed years after service. New evidence submitted since then includes a statement from the veteran's doctor and articles on mustard gas, raising a reasonable possibility of substantiating the claim.

The veteran's partial amputation of the left middle fingertip was granted a 10% rating from May 31, 2000 to August 8, 2000. After that date, his condition did not warrant a compensable evaluation.