Other conditions Board decisions

The Board denied the appellant's request for an earlier effective date of November 28, 2001 for dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318 due to lack of clear and unmistakable error in prior decisions.

The veteran's initial evaluation for TMJ dysfunction was increased from noncompensable to 30 percent effective July 20, 1993.

The Board has remanded the case for additional development due to a failure to provide proper VCAA notice.

The Board denied service connection for trigeminal neuralgia and remanded the issues of earlier effective date for geniculate neuralgia and a separate initial compensable evaluation for geniculate neuralgia.

The Board denied service connection for cause of death due to a lack of evidence linking the veteran's peptic ulcer and pneumonia to his military service. The causes of death were listed as bleeding peptic ulcer and pneumonia, but there is no competent medical evidence showing these conditions were incurred or aggravated by service.

The VA denied an increased evaluation for the veteran's residuals of resection of ileum and descending colon, currently rated as 10 percent disabling.

The Board found that the veteran did not have an eye disability during active service and the competent evidence does not establish a nexus between any current medical findings and active service. Therefore, vision loss was not incurred in or aggravated by active service.

The veteran's cause of death was not service-connected due to the lack of evidence linking his metastatic cancer to his military service. The appellant's claim for dependents' educational benefits under Chapter 35, Title 38, United States Code, is also denied.

The Board has decided to remand the case for additional development, including obtaining worker's compensation records and medical records from private clinics. The veteran is seeking service connection for a spinal/head disability that he claims occurred during active duty.

The Board has granted a rating of 60 percent for residuals of a fracture of the left pelvis and denied an initial rating greater than 10 percent for post-traumatic arthritis with deformity of the pelvis and radiation to the left lower extremity.

The Board has determined that the appellant's deceased spouse had no recognized service for VA benefit purposes, and thus the appellant is not eligible for basic eligibility for VA survivor's benefits.

The veteran's hiatal hernia and duodenitis, with history of peptic ulcer disease, are productive of a disability picture that more nearly approximates persistently recurrent epigastric distress with dysphagia, pyrosis, epigastric pain, chest pain, severe heartburn, and reflux and regurgitation. As such, the veteran is now rated at 30 percent for this condition.

The Board has remanded the case due to procedural deficiencies and the need for VCAA compliance.

The Board has determined that additional development is needed before a final decision can be made on the veteran's claims for service connection for skin disorder, arthritis, and nerve damage of the feet and legs.

The Board has granted the appellant's claim for service connection for myelodysplastic syndrome, finding that it is related to his presumed exposure to herbicides during active military service in Vietnam.

The Board has determined that the initial administrative decision is in need of further review due to a potential error regarding the certified period of AWOL. The case is remanded for additional development and consideration.

The Board found that the veteran's cancer of the tongue and lymph nodes of the neck were incurred in service due to nicotine dependence, which is presumed as a result of smoking during military service. The decision grants service connection for these conditions.

The Board denied the veteran's claim for an earlier effective date for a total rating based on individual unemployability (TDIU) due to lack of evidence indicating he was unemployable prior to August 27, 2003.

The veteran's appeal on his claims for service connection for an intra-cranial injury and nerve damage to the head, back, and body has been dismissed due to his death. The Board cannot consider these issues as they are no longer before them.

The Board denied the veteran's claim for non-service-connected disability pension benefits as he did not meet the military service requirements to be eligible.