Other conditions decisions — 2005

The veteran's claim for payment of unauthorized medical treatment was dismissed due to his death.

The veteran's claim for educational assistance benefits under the Montgomery GI Bill is denied as he does not meet the eligibility requirements set out in 38 U.S.C.A. § 3011.

The Board has determined that the veteran's squamous cell carcinoma is presumed to be of service origin due to his exposure in Vietnam, and thus grants service connection for this condition.

The veteran's right lower extremity weakness is found to meet the criteria for special monthly compensation based on loss of use, and his claim is granted.

The veteran's appeal is remanded for the RO to review his September 1980 correspondence and determine if it constituted a notice of disagreement with an April 1980 rating decision, and whether he filed an informal claim for total disability based on individual unemployability prior to December 8, 1993.

The veteran's death was not due to service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The veteran's claims for service connection for cardiovascular and respiratory disabilities due to tobacco use during active duty, nicotine dependence, and secondary to nicotine dependence were denied. The Board found no evidence of a chronic disease or disability affecting his cardiovascular or respiratory systems during his period of active duty.

The Board found that there was no evidence of a chronic genitourinary disorder, including prostatitis, manifested by hematuria during service or within one year after separation. For arthritis, the Board concluded that there is no competent evidence to show that any joint other than the lumbar spine had arthritis in service or within one year thereafter.

The appellant's eligibility for VA medical care is being remanded due to the need to determine if he has a pending service connection claim or is already service connected for any disability.

The Board has determined that the veteran's service-connected right and left foot injuries with post-traumatic arthritis of the mid-foot and Lisfranc strain do not warrant an increased rating beyond the current 30 percent evaluations.

The Board found that the veteran's residuals of meningeal encephalitis, which he had since childhood, were not aggravated by his service and denied his claim for service connection.

The case is being remanded for a hearing and further examination of the appellant's claim for Dependent's Educational Assistance.

The VA determined that there is no evidence of a current dental disorder resulting from service, and thus denied the claim for service connection.

The appeal is being remanded for further review due to the submission of new evidence not previously considered by the RO.

The veteran's right leg gunshot wound residuals are characterized as moderate injuries to Muscle Groups XI and XII, resulting in limited motion. The Board found that a rating in excess of 20 percent is not warranted.

The Board finds that the veteran does not have a current skin disorder of the arms and hands related to his military service. The VA examination did not find any evidence of a current condition.

The Board denied the appellant's claim for an earlier effective date for a 100% evaluation for service-connected lung cancer, finding that it was not factually ascertainable prior to July 31, 1998, that the criteria for assignment of such a rating had been met.

The veteran's appeal for an increased rating for his residuals of an appendectomy with a ventral hernia has been dismissed as he withdrew the appeal in writing.

The Board denied service connection for the cause of the veteran's death claimed as due to radiation exposure, finding that there was no evidence showing participation in atmospheric nuclear tests or other radiation-risk activities during service. The Board also found that the veteran's colon cancer is not related to his in-service exposure.

The Board found that the veteran's service-connected dysthymia did not cause or contribute substantially to his death from ischemic cardiomyopathy.