Other conditions decisions — 2006

The Board has determined that additional development is needed to determine if new and material evidence has been submitted to reopen the claim for service connection for the cause of the veteran's death, and if so, whether the claim may be granted.

The Board denied service connection for the cause of death due to esophageal cancer, metastatic carcinoma of stomach possibly of hepatic origin and/or pancreatic carcinoma, and carcinoma of the head of the pancreas as not being incurred in or aggravated by service nor presumed to have been incurred in service as a result of exposure to herbicides.

The Board found that there is no evidence showing that the veteran's fibroid tumors of the uterus had their onset during service or are otherwise related to service. The claim for service connection was therefore denied.

The Board found that the veteran's bilateral sacroiliitis with a history of Reiter's Syndrome does not meet the criteria for an increased evaluation beyond 40 percent.

The Board has determined that the appellant's claim for an earlier effective date for death benefits is remanded to allow further development of her application with Social Security Administration (SSA).

The veteran's claim for an evaluation in excess of 10 percent for degenerative changes, thoracic spine with osteopenia and moderate functional loss is being remanded due to the need for additional development under both old and new rating criteria.

The veteran's organic brain syndrome with brain trauma and right-sided weakness is rated at 70 percent, entitling him to a higher rating. The veteran also qualifies for TDIU due to his service-connected disabilities.

The veteran's enrollment in an Executive Masters Degree Program in Business Administration does not meet the definition of a high technology program under VA regulations, thus denying accelerated payment eligibility.

The Board has determined that the veteran was properly informed in May 2001 of his service connection grant and the necessary evidence to add his spouse. The veteran submitted a VA Form 21-686c in May 2003, but it did not list any prior marriages for his spouse. He contacted the RO in July 2003 and provided further clarifying information. As a result, the dependent spouse was properly added, and an effective date of June 1, 2003, was assigned.

The Board has denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) and an initial compensable evaluation for bilateral hearing loss.

The Board has determined that additional development is needed to ensure the appellant is properly notified of the provisions of the VCAA and to determine if all evidence necessary for consideration of the claim has been obtained.

The Board has remanded the case to the RO for review of additional evidence provided by the appellant. The veteran's claim for service connection remains under consideration.

The Board has remanded the case due to the need for additional development, including obtaining treatment records and clarifying medical opinions.

The VA has already granted service connection for the right hip disability and assigned a 20 percent evaluation, effective June 1, 2003. The appellant's claim is for an increased rating beyond this initial grant.

The Board found that the veteran's current cardiovascular disability is not related to his service and denied his claim for service connection.

The veteran's claim for an increased evaluation for his service-connected spinal cerebellar degeneration is being remanded due to conflicting medical opinions and the need for a comprehensive VA examination.

The veteran's service connection for loss of tooth number 5 has already been established for outpatient treatment purposes. The Board found that the current loss of tooth number 5 is not due to a loss of substance of the body of the maxilla or mandible, which is required for compensation purposes.

The veteran is eligible for payment of accrued VA improved pension benefits based upon unreimbursed medical expenses.

The Board dismissed the appeal due to the death of the appellant.

The Board denied the veteran's claims for increased ratings for his service-connected post-operative residuals of herniated nucleus pulposus and paresthesias of the left lower extremity, finding that the evidence did not warrant a higher rating under the applicable VA criteria.