Other conditions Board decisions

The veteran's claim for service connection for basal cell carcinoma and other skin lesions, claimed as due to sun exposure in the Republic of Vietnam, is being remanded for additional development.

The Board denied service connection for the claimed conditions, finding that there was no evidence to support these claims.

The Board denied the claim as no new and material evidence was received to reopen the service connection for peptic ulcers.

The veteran's claim for increased ratings for his back disability and varicose veins was denied. The maximum schedular rating of 60 percent is already assigned for the herniated nucleus pulposus at L5-S1, status-post diskectomy.

The Board has determined that the veteran's nicotine dependence, which began during service, was a contributory cause of his death from emphysema and cor pulmonale. Therefore, service connection for the cause of the veteran's death is granted. Additionally, eligibility for dependent's educational assistance under Chapter 35, Title 38, United States Code, is established.

The veteran's case is being remanded for additional development, including a VA examination to assess the extent and nature of his service-connected dermatophytosis. The claim will be reconsidered based on this new evidence.

The VA determined that the veteran's defective hearing in his left ear does not warrant a compensable evaluation, and found that he is not unemployable due to service-connected disabilities alone.

The Board has determined that the appellant's discharge under other than honorable conditions is a bar to VA benefits based on his service.

The VA determined that the veteran's incisional hernia and chest wall pain syndrome were not caused by any fault on the part of the VA, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied an effective date prior to March 2, 1999 for a separate 10 percent evaluation for degenerative joint disease and limitation of motion of the left knee.

The VA denied an initial rating in excess of 10 percent for Osgood-Schlatter's disease of the left knee, finding that the veteran does not meet the criteria for a higher rating based on his full range of motion and no evidence of instability.

The veteran's claim for an increased rating for his right toe disability was denied because the medical evidence did not establish that his disability met the criteria for a higher rating. The claims for service connection for left foot, left leg, and bilateral knee disabilities were also denied as they were not shown to be related to service or related to a service-connected disability.

The Board denied service connection for chondromalacia of the right and left patella, but granted service connection for respiratory disability including asthma due to an undiagnosed illness.

The veteran's service connection claims for elbow arthralgias and memory loss are granted as they are presumed to have been incurred in service due to undiagnosed illness. The claim for left elbow ulnar irritation is remanded.

The Board found that a chronic disability of the spine and back was not present during service or for many years afterward, and the appellant's current disability is not etiologically related to service.

The Board has remanded the case for additional development of evidence, including obtaining a copy of the radiologist's report of the February 4, 1969, X-ray study of the veteran's cervical spine.

The Board has determined that the appellant's claim for recognition as the surviving spouse of a veteran was previously denied and no new and material evidence has been presented to reopen the claim.

The appellant's claim for basic eligibility for VA non-service-connected death pension benefits is denied due to the decedent not meeting the requirements of having recognized service.

The appellant's claim for accrued benefits is denied as he is not within the category of eligible persons who are entitled to payment of any accrued benefits that may have been due but were not paid to the veteran at the time of his death.

The Board denied the veteran's request to reopen his claims of service connection for cholecystitis and diverticulitis, as no new or material evidence was submitted since the last final denial in November 1998.