Other conditions decisions — 2005

The Board has granted effective dates of October 8, 1997 for awards of compensation under 38 U.S.C. § 1151 for essential tremors in both the right and left hands.

The Board has remanded the case due to incomplete records and need for further examination.

The Board has reopened the veteran's claim of service connection for a skin disorder and finds that new and material evidence has been received. The claims for diabetes mellitus, diabetic neuropathy of the right foot, kidney dysfunction due to diabetes mellitus, erectile dysfunction due to diabetes mellitus, hypertension due to diabetes mellitus, and heart disease due to diabetes mellitus are all granted based on service connection.

The Board has reopened the appellant's claim for service connection for the cause of the veteran's death due to new and material evidence submitted. However, further medical opinion is needed regarding whether the veteran's fatal astrocytoma was caused by his herbicide exposure during military service in Vietnam.

The Board found that the April 1946 rating decision severing service connection for a psychiatric disorder did not contain clear and unmistakable error. The October 1999 rating decision declining to reopen the claim was final. New evidence received since the October 1999 rating decision is considered material, allowing the reopening of the claim for service connection for a psychiatric disorder. However, no new or established etiology has been provided to support the claim.

The Board has determined that the veteran's PTSD warrants a 50 percent disability rating, effective from December 2002. The evidence does not show that his condition is so exceptional or unusual as to require referral for extraschedular consideration.

The Board has remanded the case due to a request for a hearing and because of changes in regulations regarding 'new and material' evidence.

The veteran's claims for increased ratings for keratolysis, exfoliativa, of the feet and auricular cyst residuals (left ear) have been denied as his conditions do not meet the criteria for higher evaluations under the applicable VA rating criteria.

The Board denied the veteran's claims for increased ratings for his right and left knee disabilities, finding that they did not meet the criteria for a higher rating based on limitation of motion or instability.

The veteran's claim for an earlier effective date for a 10% disability rating for right ring finger disability with favorable ankylosis was denied as the increase in disability was not factually ascertainable within one year of his January 8, 2002 claim.

The veteran's service is not recognized for pension purposes, and there were no pending claims or benefits at the time of his death that would qualify him for accrued benefits. The Board therefore denies both the entitlement to accrued benefits and death pension benefits.

The Board found that the cause of death, progressive supranuclear palsy, was not related to service or exposure to herbicide agents. The veteran did not have a service-connected disability at the time of his death.

The Board denied the veteran's claim to reopen his previously denied service connection for a right arm disability, finding that no new and material evidence had been submitted.

The Board has determined that the veteran's current dental trauma residuals are not related to service, and thus denied her claim for service connection.

The Board has denied the veteran's claims for service connection for shin splints and upper back pain, finding no current disability or evidence of a nexus to service.

The veteran's claims for increased ratings and a higher initial evaluation for his mood disorder have been denied as the condition is no longer service-connected due to severance of service connection.

The Board has remanded the case for further examination and readjudication due to procedural issues, including scheduling an appropriate VA examination.

The Board has denied the veteran's claims for service connection for residuals of a back injury and pneumonia, finding that there is no evidence linking these conditions to his military service.

The Board denied the claim of an initial, noncompensable rating for a heart murmur as there was no evidence demonstrating coronary occlusion or thrombosis, or history of anginal attacks since January 8, 1993.

The veteran's appeal has been withdrawn, and the case is dismissed.