Other conditions decisions — 2005

The Board found that there is no evidence of missing tooth #4. The veteran's claim for service connection for loss of tooth #2, secondary to service-connected loss of tooth #3, was denied.

The Board has found that the veteran's service-connected residuals of cerebral concussion do not meet the criteria for a compensable rating, as there is no evidence of neurological deficits or other symptoms associated with his head injury in service.

The Board has remanded the case for further development and consideration, including obtaining service personnel records, verifying the veteran's dates of duty in Japan, and considering the appellant's arguments regarding previous rating decisions. The appeal is also remanded to consider the claim for service connection for cause of death due to exposure to ionizing radiation.

The veteran's death was used to establish eligibility for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. However, the appellant had already reached her 26th birthday prior to the date of the veteran's death, making her ineligible for additional educational benefits.

The Board found that the veteran was exposed to asbestos during service and had a current respiratory disability, but did not find any evidence linking his circulatory disability to service or exposure. The TDIU claim was denied as the veteran's disabilities do not meet the criteria for unemployability.

The veteran seeks an effective date earlier than October 2, 1997 for the grant of service connection for Non-Hodgkin's Lymphoma. The Board denied this claim as there is no evidence to support a retroactive effective date prior to October 2, 1997.

The appellant's enrollment at Ashmead College from October 1, 2001 to July 1, 2002 was for less than 20 clock-hours per week and thus did not meet the legal requirement for full-time attendance in a non-degree program of education. As such, she is not eligible for REPS benefits during this period.

The Board has determined that the veteran's current right knee disorder, diagnosed as a right medial meniscal tear with partial medial meniscectomy, did not begin during service and is not related to his service-connected low back disorder. Therefore, service connection for this condition cannot be granted.

The veteran's PTSD is rated at the highest possible level (100%) and granted, effective from March 19, 2003. The issue of TDIU has been resolved as his claim was received on that date.

The Board dismissed the motion seeking review of a January 2000 decision denying service connection for the cause of the veteran's death due to the withdrawal of the motion.

The Board has remanded the case for additional development due to inadequate VCAA notice and because of the intertwined nature of the service connection claim and the increased initial rating claim.

The case is being remanded to the RO for clarification of the appellant's hearing preference and subsequent readjudication based on her testimony.

The Board has denied the veteran's claim for an increased disability rating for sensory nerve damage resulting from a left iliofemoral bypass, assigning a 40 percent evaluation effective February 6, 2002.

The veteran's fatal acute myeloid leukemia was determined to be non-service-connected, and a service-connected disability did not cause or contribute to his death.

The Board found that the veteran's claimed stomach ulcers were not incurred in or aggravated by active service and denied both his claim for service connection and his claim for a total rating based on individual unemployability due to service-connected disability.

The Board has denied the veteran's claim of service connection for myoglobinuria and rhabdomyolysis, finding that he does not have these conditions as a result of his military service.

The Board has granted service connection for a disorder of the hands. The right hip disorder is not specifically addressed in this decision.

The Board has determined that the veteran does not have loss of use of both feet, as evidenced by his ability to walk with AFOs. Therefore, he is denied special monthly compensation based on loss of use of both feet.

The Board has remanded the case for further development of evidence, including a VA cardiology examination to determine if any current paroxysmal atrial tachycardia is causally related to service or any other incident of service.

The Board found no competent evidence linking the veteran's left foot disorder and bladder disorder to her service-connected chronic low back pain with spondylolisthesis, thus denying both secondary service connection claims.