Other conditions decisions — 2008

The Board denied the veteran's claims for increased ratings for his right ear condition, finding no evidence of entitlement to a higher rating based on service connection criteria.

The Board denied the veteran's claim to reopen his previously denied skin condition claim, finding that no new and material evidence had been submitted.

The Board finds that the veteran's post-operative residuals of laryngeal cancer are manifested by dyspnea on exertion, throat constriction, dry mouth, coughing, throat pain, hoarseness after talking for 15 to 20 minutes, and occasional voice changes. The preponderance of evidence is against a higher initial evaluation in excess of 10 percent.

The Board has determined that an earlier effective date of March 5, 1971 is warranted for the grant of service connection for a stomach disorder due to newly discovered inpatient STRs showing treatment during service.

The case is being remanded due to the appellant's inability to appear for her scheduled Board hearing. She has requested a rescheduling of her hearing at an earlier date, either with a travel board or video conference option.

The Board found that there is no link between the veteran's subarachnoid bleed and his active military service or ADT, thus denying his claim for service connection.

The veteran's lung disorder, claimed as pulmonary nodules, was not found to be related to his in-service asbestos exposure and the Board denied service connection.

The veteran was granted service connection for loss of teeth, increased disability ratings for Crohn's disease and bowel incontinence, and an increased initial disability rating for adjustment disorder. The effective date for the grant of service-connected adjustment disorder is February 20, 2004. The veteran was also granted TDIU.

The Board has determined that further development is needed to determine the extent of in-service exposure to ionizing radiation and whether it caused or aggravated the veteran's current non-Hodgkin's lymphoma.

The veteran's furunculosis of the buttocks is not shown to meet the criteria for a compensable disability rating, and he does not have any other service-connected disabilities that would warrant a total compensation rating based on individual unemployability.

The Board has denied the veteran's application to reopen his claim of entitlement to service connection for a skin condition, as secondary to exposure to herbicides. The evidence received since the last final denial does not raise a reasonable possibility of substantiating the claim.

The Board has granted service connection for residuals of a left rotator cuff tear, and residuals of left and right bicep tears. The veteran's current complaints are due to injuries sustained in service.

The Board found that the appellant's late husband did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the Armed Forces of the United States. Therefore, he was not eligible for VA benefits.

The veteran's appeal regarding the character of his discharge for VA benefit programs was denied as he did not file a timely notice of disagreement.

The Board found no evidence of arthritis in service or within one year post-service, and concluded that the current arthritis is not related to any incident during military service.

The Board has determined that additional development is necessary prior to the adjudication of this claim due to inadequate notice provided to the appellant.

The veteran's appeal is remanded for additional evidentiary development, including obtaining SSA records related to his disability benefits claim.

The Board denied the appellant's application to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted. The decision is based on the lack of competent evidence showing that the veteran's cause of death was incurred during active service.

The veteran's appeal was dismissed as he did not file a timely substantive appeal for the September 2005 rating decision that granted service connection for left elbow and right heel disabilities and assigned noncompensable ratings.

The Board is remanding the case to comply with VCAA requirements, as the previous denial of the claim was not properly notified.