Other conditions decisions — 2009

The Veteran's appeal for CUE in the November 24, 1967 rating decision was denied. The Board found that there was no clear and unmistakable error (CUE) in the original decision as the evidence at the time did not support a higher disability evaluation. Additionally, the claim for an earlier effective date for the 10 percent rating was also denied.

The Veteran's breast cancer was not incurred or aggravated by active duty, nor may its incurrence or aggravation during such service be presumed. The Board has determined that the preponderance of evidence is against the claim for service connection.

The Veteran's service-connected traumatic radiculopathy of the right mandibular branch of the trigeminal nerve is not shown to have caused or aggravated his missing teeth, and thus he does not meet the criteria for service connection.

The Veteran's initial ratings for his service-connected left shoulder and left knee disabilities have been granted, with the shoulder receiving a 10 percent rating and the knee receiving a noncompensable rating.

The Board found that the Veteran's cause of death was not related to his in-service exposure to mustard gas, either on a presumptive basis or otherwise.

The Veteran's GSW residuals involving Muscle Group XVII are rated at 40 percent, reflecting moderately severe muscle disability.

The Board has determined that the veteran's service-connected tonsillitis and pharyngitis do not meet the criteria for a compensable disability rating.

The Board has determined that the Veteran's cause of death was non-Hodgkin's lymphoma, which is a disease associated with service in Vietnam. As the appellant served aboard ships off the coast of Vietnam, and there is no evidence of herbicide exposure, the Board finds that service connection for the cause of the Veteran's death is warranted.

The Board found that the Veteran's right eye iritis, diagnosed during service, did not recur or result in any residuals. The current eye problems include presbyopia, pinguecula of the right eye, and mild cataracts. There is no evidence linking these conditions to service.

The Veteran's claim for service connection for residuals of a right eye corneal abrasion was denied as there is no evidence showing he currently has the claimed disability.

The veteran's character of discharge from his second period of military service is found to be dishonorable, and he is barred from VA benefits arising from this period. The basic eligibility requirements for nonservice-connected pension benefits are not met due to the preclusive effect of the dishonorable discharge.

The Veteran's dysthymic disorder is currently rated at 30 percent, which reflects the primary symptoms of anxiety, depression, irritability, difficulty with crowds, nightmares, and problems establishing and maintaining effective relationships. The rating is based on occupational and social impairment with reduced reliability and productivity.

The Veteran's claim for an earlier effective date for the grant of service connection for bilateral defective hearing is denied as there was no prior claim filed before September 30, 2002.

The Veteran's claim for an increased disability rating for his service-connected herniated intervertebral disc disease, L4-5 is being remanded due to the need for a new VA examination and additional VCAA notice.

The Board denied service connection for the cause of the Veteran's death and denied nonservice-connected death pension benefits due to lack of evidence linking the cause of death to military service.

The Board denied the appellant's request for an extension of his delimiting date for educational assistance benefits under Chapter 35, finding no legal basis for such extension.

The Veteran's service-connected left femur fracture residuals warrant a 30 percent evaluation throughout the initial rating period.

The Veteran's allergic reaction claim was denied under service connection. His PTSD is rated at the highest possible evaluation of 70 percent, and he is granted TDIU.

The Board has decided to remand the case for additional development, including obtaining private treatment records and determining if the veteran's treatment occurred during a medical emergency or if Federal facilities were available.

The Veteran's appeal is being remanded for additional medical inquiry due to the severity of his service-connected fracture, right superior ischiopubic ramus and both inferior ishial rami.