Other conditions decisions — 2007

The veteran's cause of death was due to esophageal cancer, which the Board found not service-connected as there is no evidence he served in Vietnam and no presumption applies.

The Board dismissed the appeal because the veteran died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits of the claim.

The Board denied the veteran's claims for restoration of TDIU and an increased disability evaluation for his service-connected back condition.

The veteran's appeal has been dismissed as he withdrew his appeal prior to the Board issuing a decision.

The veteran's claims for a compensable rating for residuals of right tibia fracture, service connection for left leg stress fracture, and service connection for dysthymia were denied. The evidence did not show current disabilities or link to service.

The Board has remanded the case back to them for readjudication due to VA's failure to obtain certain medical records and because of a disagreement over service connection.

The Board has determined that the veteran's service-connected nasal fracture residuals, which include deviation of a nasal septum and sinus involvement, more nearly approximates the criteria for a 30 percent rating under Diagnostic Code 6522 (allergic or vasomotor rhinitis with polyps).

The February 2000 rating decision denying service connection for colon cancer is final. The additional evidence received since that decision does not raise a reasonable possibility of substantiating the claim on the merits.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that no new and material evidence had been submitted to reopen the claim.

The veteran's service records show he did not have service in Vietnam. As a result, the appellant is not eligible for benefits under 38 U.S.C.A. § 1805 due to her child being born with spina bifida.

The veteran's claim for educational assistance under Chapter 30, Title 38, United States Code was denied because he did not meet the legal criteria for eligibility based on his service obligations and reasons for discharge.

The Board found that the veteran's right inguinal hernia repair did not result in a qualifying additional disability, as his condition was caused by carelessness or error in judgment on the part of VA health care providers who provided the treatment.

The Board finds that the veteran's claimed skin disorder, recurrent lipomas, is not related to his active service and cannot be presumed due to herbicide exposure. The claim for service connection for soft tissue sarcoma is denied as there is no current diagnosis of this condition. Service connection for post-operative residuals of a neurofibroma removal is also denied.

The veteran's claim for an initial compensable disability rating for residuals of a fractured left 5th metacarpal is being remanded due to the need for VCAA notice.

The case is being remanded for additional development to comply with the Veterans Claims Assistance Act of 2000 (VCAA). The appellant will be provided a new VCAA notice letter and given an opportunity to respond.

The Board has determined that service connection is not warranted for diverticulitis and neurogenic bladder.

The Board has determined that the veteran's right knee disorder does not meet or approximate criteria for a higher rating than 20 percent, but finds separate ratings of 10 percent are warranted for limitation of extension and flexion.

The Board has remanded the case due to insufficient VCAA notice regarding the specific reason for the previous denial of service connection for a deviated septum.

The Board has determined that the veteran does not have a current disability of stress fractures of the left foot, and therefore service connection cannot be granted.

The Board denied service connection for loss of the penis and did not address special monthly compensation based on loss of use of a creative organ. The veteran's application to reopen his claim was also denied.