Other conditions decisions — 2006

The Board denied the veteran's application to reopen his previously denied claim for service connection for a skin condition of the feet, finding that no new and material evidence had been submitted.

The Board denied the appellant's claims for DIC benefits and accrued benefits due to a lack of evidence showing that he had status as a claimant, specifically failing to provide evidence of expenses related to his father's last sickness and burial.

The Board has requested an expert medical opinion regarding the cause of the veteran's death and is remanding the case for further review.

The veteran's claim for an increased disability rating for his service-connected right thumb fracture is being remanded due to the failure of the veteran to report for a scheduled hearing and examination. The case will be returned to the RO via the VA Appeals Management Center (AMC) in Washington, DC.

The Board denied the veteran's claim for service connection for ulcerative colitis, finding no evidence linking his current condition to his active duty service.

The case is being remanded for further development and adjudication due to new evidence received by the Board, including medical expenses and hospitalization records. The veteran's intentions regarding representation in this appeal need clarification, and additional medical records are required.

The Board found no clear and unmistakable error in the June 1989 rating decision that granted service connection for organic brain syndrome with dementia, Lyme's disease with encephalopathy. The veteran argued for a separate evaluation for Lyme's disease but the RO assigned a 30 percent disability rating under Diagnostic Code 9302 (organic mental disorders).

The Board denied the appellant's claim for nonservice-connected death pension benefits as her spouse did not have qualifying service under VA regulations.

The veteran's military service is not qualifying for VA nonservice-connected death pension benefits due to the specific exclusion of recognized guerrilla and regular Philippine Army service.

The veteran's death is the reason for the dismissal of all issues as the appellant has died.

The Board has determined that the veteran's service-connected residuals of a partial laminectomy warrant a 20 percent disability rating, effective from the date of the claim.

The veteran's appeal is being remanded for additional development of his claim, including obtaining medical records and ensuring compliance with VCAA requirements.

The Board found that the veteran's current respiratory disorder, including pulmonary emphysema and chronic obstructive pulmonary disease, is not related to his service, specifically the pneumonia he experienced in service. As a result, the claim for service connection was denied.

The veteran's service-connected status post partial colectomy for colon cancer is manifested by no more than mild symptoms, with no evidence of nausea, vomiting, diarrhea, constipation, change in bowel habits, rectal bleeding, urinary or fecal incontinence, weight loss, or impaired nutrition. The criteria for an initial rating in excess of 10 percent have not been met.

The veteran's application for education benefits under the Montgomery G.I. Bill (Chapter 30) was denied because he did not make an irrevocable election to receive MGIB benefits by October 31, 2001, despite being eligible due to his service and participation in VEAP.

The VA has granted a 20 percent disability rating for Achilles tendonitis of the right heel, residuals of stress of the right os calcis, based on marked limitation of motion.

The Board denied the appellant's claim as his service discharge was considered to have been issued under dishonorable conditions due to his acceptance of an undesirable discharge to escape trial by general court-martial.

The veteran's service-connected calculus with pyelonephritis, status post stent placement is currently rated at 60 percent and the Board finds no evidence of generalized poor health or other factors warranting a higher rating.

The veteran's prostatitis is not service-connected under the provisions of 38 U.S.C.A. § 1151 due to lack of informed consent and carelessness, negligence, or similar instance of fault on the part of VA during the catheterization. The Board finds that the preponderance of evidence does not support a finding of causation.

The Board has determined that the appellant's right ankle disability, manifested by marked limitation of motion, warrants a 20 percent evaluation.