Other conditions decisions — 2005

The Board has determined that the veteran's rib cage injury with post-traumatic costochondritis does not warrant a disability rating greater than 20 percent.

The Board has granted a higher evaluation of 40 percent for the veteran's service-connected peptic ulcer disease (PUD), which was previously rated at 20 percent.

The veteran had no service-connected disabilities at the time of his death. The appellant, his widow, sought accrued benefits for unreimbursed medical expenses from 2001, but these were not submitted prior to his death. As there was no outstanding claim for additional VA benefits pending when he died, and as the veteran did not have any unpaid VA benefits due him under existing decisions at the time of his death, the appellant's accrued benefits claim is denied.

The Board denied the veteran's request to reopen his claim for service connection for manic depressive psychosis, finding that the new evidence did not raise a reasonable possibility of substantiating the claim.

The Board has determined that no new and material evidence has been received to reopen the appellant's claim seeking to establish that his character of discharge is not a bar to VA benefits. The RO previously denied this claim in February 1980, finding that his discharge was under other than honorable conditions due to an extended period of absence without leave (AWOL).

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a left eye disorder, which was previously denied in July 2000. The claim is now reopened.

The veteran's right eye disability is manifest by blindness with only light perception, and he has been rated at the maximum allowable under current criteria. The left eye vision is sufficient to prevent a higher rating.

The veteran's basal and squamous cell carcinomas on various body parts are denied as not related to service, including exposure to ionizing radiation during the occupation of Nagasaki in 1945-1946.

The veteran withdrew his appeal for the issues of service connection for neck and back injuries before a decision was made.

The veteran claims that his diminished equilibrium is related to his service-connected ear disability and combat exposure. The RO has granted service connection for PTSD, bilateral hearing loss, and tinnitus but the issue of whether the diminished equilibrium is secondary to these conditions or any other service-connected disabilities remains pending.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the appellant meets the requirements for regular aid and attendance of another person.

The Board has determined that the case requires additional development to determine if the veteran's cause of death was related to his service, including presumed exposure to herbicide agents during service in Vietnam or to the service-connected prostate cancer.

The Board has determined that the veteran's lymphocytic leukemia and non-Hodgkin's lymphoma are presumed to have been incurred during service due to exposure to Agent Orange. The veteran does not currently have anemia.

The Board has determined that there is no medical evidence linking the veteran's current right thigh disorder to his military service, and thus denied the claim for service connection.

The veteran's claim for service connection for a cardiovascular disability is being remanded due to the need for further development and clarification of his claims, including consideration of tobacco use as a potential factor.

The VA has determined that the veteran's residuals of a skull fracture do not meet the criteria for a compensable rating.

The veteran's claim has been dismissed as the appellant has died and the Board does not have jurisdiction to adjudicate the merits of this case.

The veteran's claims for increased ratings for varicose veins of both lower extremities are being remanded due to the need for additional medical examination and development.

The VA has denied service connection for the cause of the veteran's death due to fungal bronchopneumonia and HIV, which were not incurred during military service.,Eligibility requirements for Dependents' Educational Assistance under Chapter 35 have also been found not met.

The Board denied the veteran's claim for an increased rating for his service-connected bilateral hammertoes, with exostosis, left hallux, and recurrent callouses. The evidence did not support a higher rating as the symptoms were primarily related to nonservice-connected conditions.