Other conditions decisions — 2005

The appellant is denied basic legal entitlement to VA benefits as a child of the veteran due to her age and lack of other qualifying conditions.

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

The case is being remanded for the appellant to be scheduled for a personal hearing before a member of the Board at a local VA office. The veteran's claim for Dependents' Educational Assistance pursuant to 38 U.S.C. Chapter 35 remains in the appeal process.

The Board has denied the appellant's claim for special monthly death pension based on her need for aid and attendance of another person due to lack of evidence showing she meets any specific enumerated criteria in the regulation.

The Board has remanded this case to allow the RO an opportunity to consider new and material evidence for the veteran's claim of service connection for a skin disorder of the feet.

The Board has granted a 10% evaluation for the veteran's service-connected left index finger disability, effective from October 2001. The condition is rated as direct service connection and does not involve any presumption or secondary service connection.

The Board found no evidence of a current disability related to the claimed conditions and denied service connection for retroverted cervix and uterus, endometriosis, and urinary incontinence.

The Board has determined that the veteran's right eye disorder is not service-connected, and his left eye aphakia with impaired vision and chorioretinal changes warrant a 30 percent rating. The compensable rating for ptosis of the left upper eyelid was granted effective August 30, 2002.

The VA has granted a 50 percent evaluation for the appellant's dysthymic disorder from September 13, 1996 to August 24, 2000.

The Board found that the veteran's dysthymic disorder does not warrant an evaluation in excess of 30 percent, and denied both his claim for increased rating and his claim for service connection for tinnitus.

The Board has remanded the case due to the need for additional evidence regarding the cause of the veteran's death, specifically a statement from Dr. Joy Ladue Johnson.

The Board denied the veteran's claims for an increased rating for sickle cell anemia and a total rating by reason of individual unemployability due to service-connected disabilities. The veteran was found not to have manifested any criteria warranting a higher evaluation, and his unemployability was attributed to societal discrimination rather than his service-connected disability.

The Board has determined that the veteran does not have arthritis of the back caused or made worse by his service-connected disability.

The veteran's claim for an increased rating for postoperative residuals of aortic stenosis with ascending aortic aneurism, valve replacement, and permanent pacemaker is denied as the evidence does not meet the criteria for a higher disability rating.

The Board has determined that the preponderance of the evidence is against the claim of entitlement to service connection for a disability manifested by numbness in both arms, including the service-connected left shoulder tendonitis.

The veteran's scars on the left side of his back and left hand, as residuals of shrapnel wounds, are rated at 10 percent. The Board found that he did not meet criteria for a higher rating based on additional functional limitation or other factors. For PTSD, the veteran was granted an initial evaluation in excess of 30 percent.

The veteran has withdrawn their appeal, so the case is dismissed.

The Board has determined that the cause of the veteran's death was not incurred or aggravated by service, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the evidence is in equipoise as to whether the veteran's exposure to chemicals in service caused his tongue and throat cancer. Therefore, service connection for carcinoma of the tongue and throat due to such exposure is granted.

The veteran's claims for increased ratings for his shell fragment wounds to the right thigh and calf were denied as they do not meet the criteria for a rating in excess of 20 percent.