Other conditions decisions — 2006

The veteran's claim for service connection for a skin disorder, claimed as sunburn, is being remanded due to the need to obtain additional medical records and address VCAA notification issues.

The veteran's appeal is remanded due to the need for additional medical examinations and evaluations regarding his claimed gallbladder disability, bypass surgery residuals, and polyps of the colon. The issues are not ready for review as these conditions have not been adequately assessed.

The Board found that the appellant did not meet the basic eligibility requirements for VA compensation benefits due to lack of service in the Philippine Commonwealth Army, including recognized guerrilla service.

The Board has remanded the case due to procedural issues and needs to provide proper notice under VCAA, including information on acceptable evidence of qualifying military service.

The veteran's claim for basic eligibility for VA educational assistance under Chapter 30, Title 38, United States Code is denied as he did not meet the statutory requirements for educational benefits.

The veteran's low back disability, which includes postoperative laminectomy and herniated nucleus pulposus L-4-L5 with arachnoiditis, is currently rated at 40 percent. The Board found that the preponderance of evidence does not support a higher rating.

The veteran's pancreatic cancer is not service-connected due to lack of evidence linking the condition to his military service or exposure to Agent Orange.

The veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, for the period of training from September 16, 1996 to November 4, 1997 was denied as there is no objective evidence demonstrating a timely application prior to his 2001 application.

The Board denied the appellant's request for an earlier effective date of November 10, 2002 for service connection for the cause of the veteran's death. The appeal was based on a liberalizing regulation that became effective in August 1993.

The Board found that the veteran's death was unrelated to his military service and denied service connection for the cause of his death.

The Board has remanded the case for additional development regarding the veteran's respiratory disability claim to determine if it should be granted service connection for accrued benefits.

The Board has remanded the case for further development and to ensure compliance with the VCAA. The veteran's claims folder does not show that VA requested his VA medical records from the Nashville, Tennessee VA medical center since his discharge from service.

The Board found that the veteran does not currently have any residuals of in-service head trauma and denied his claim for service connection.

The Board denied the veteran's claims for service connection for right and left eye disabilities, finding that they were not incurred or aggravated by service.

The Board denied the veteran's claims for service connection for skin disease and scleroderma, both of which were related to inservice exposure to Agent Orange. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board denied the veteran's claim for service connection for an eye disorder, finding no evidence of a current acquired eye disorder and concluding that any pre-existing refractive errors were not incurred or aggravated by service.

The veteran's service-connected patellofemoral pain syndrome of the right and left knees are each rated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 5024 for Tenosynovitis. The Board finds that these ratings do not warrant an increase.

The Board found that cancer of the tongue was not incurred in or aggravated by service, including exposure to Agent Orange. The claim for service connection is denied.

The Board has determined that a chronic gastrointestinal disorder was not incurred in or aggravated by service and is not proximately due to or the result of a service-connected disability. The veteran's claim for an initial rating in excess of 50 percent for depression remains pending.

The Board has determined that the veteran's urinary incontinence is a result of VA treatment performed in June and August 1987, and thus warrants compensation under 38 U.S.C.A. § 1151.