Other conditions decisions — 2005

The Board has determined that the veteran did not submit new and material evidence to reopen his claim for service connection for a back injury, as the additional medical records do not relate to an unestablished fact necessary to substantiate the claim.

The veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any disability of the lower extremities. The PTSD claim will also be developed by seeking additional treatment records.

The Board denied the veteran's claims for service connection for left knee prepatellar bursitis and whether new and material evidence had been submitted to reopen his claim for spondylolisthesis at L5-S1, claiming as low back injury. The decision is final.

The Board has determined that the veteran does not have current disabilities related to a concussion, fractured nose, or spinal tap incurred in service. Therefore, his claims for service connection are denied.

The Board has denied the veteran's claims for service connection for residuals of a head injury, right arm injury, right leg injury, and right foot injury. The claim for peptic ulcer was addressed separately in the REMAND portion of the decision.

The Board found that new and material evidence had not been presented to reopen the veteran's claims for service connection for a chronic lung disorder and migraine headaches. The February 1964 decision denying these claims is final.

The Board has determined that the veteran's cancer, which originated in his tonsils and then spread to the larynx before metastasizing elsewhere, is service-connected due to exposure to Agent Orange.

The veteran's residuals of larynx cancer, including stenosis and permanent tracheostomy, are rated at the highest schedular level (100%) from the effective date of service connection.

The VA denied the veteran's claims for increased ratings for his service-connected gunshot wound residuals, finding that they did not meet the criteria for a higher rating.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has reopened the veteran's claim for service connection for left eye hypertropia and granted it, finding that new evidence supports the reopening of the claim.

The Board granted a higher 20 percent rating for chronic prostatitis, retroactively effective from January 6, 2004. The veteran's claim for service connection for impotency was denied and his petition to reopen the hypertension claim is pending.

The Board has determined that the veteran's death was caused by a service-connected cardiovascular disease, and therefore grants service connection for the cause of death. The appellant is also eligible for Dependents' Educational Assistance (DEA) as the surviving spouse.

The Board has determined that the cause of the veteran's death is not service-connected and denied compensation for the cause of his death.

The Board has determined that the veteran does not have arthritis of the hands and fingers, and therefore service connection for this condition is denied. The issue of entitlement to service connection for dizziness remains pending.

The Board has remanded the case due to incomplete medical records and a need for additional examination. The veteran's claim of having incurred a low back injury in service is supported by lay statements, but his September 1962 separation examination revealed a normal clinical evaluation of the spine.

The Board has remanded the case due to a significant change in the law and failure to fully comply with VCAA notification requirements.

The VA denied the appellant's claims for increased ratings for stress fractures of both his right and left tibia with shin splints and patellofemoral syndrome, finding that there was no evidence of impairment warranting a higher rating.

The Board has remanded the case for further development and adjudication of DIC and accrued benefits claims, as these issues are concomitant with the appellant's claim for VA death pension.

The Board determined that the veteran's duodenal ulcer disease did not pre-exist service and was not aggravated during service. Therefore, it denied the claim for service connection.