Other conditions Board decisions

The veteran is seeking an earlier effective date for a total disability rating based on individual unemployability, but the appeal has been dismissed as no justiciable case or controversy remains.

The Board denied the veteran's claims of service connection for postoperative bilateral cataracts, postoperative right eye retinal detachment, and left eye exophoria. The decision found that current conditions were not incurred or aggravated by active service.

The Board has remanded the case due to procedural defects and the need for additional development, including obtaining VA treatment records and conducting medical examinations.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that the correct effective date was July 12, 1999.

The Board denied service connection for hypercholesterolemia and gastritis, finding that these conditions are not diseases or injuries within the meaning of VA compensation laws. The veteran's claims were based on his belief that symptoms began in service.

The Board denied a higher initial rating for the veteran's left knee bursitis, finding that his condition did not meet criteria for an initial compensable rating.

The veteran's service-connected skin disability (telangiectasia) is currently rated at 10 percent. The RO has ordered a VA examination to determine the current severity of her condition and to ensure that both old and new diagnostic criteria are considered.

The Board denied the appellant's claim for basic eligibility to receive Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because he had already reached his 26th birthday prior to the veteran's death.

The Board has remanded the case due to outstanding requests for hearings and will handle it expeditiously.

The veteran's appeal is being remanded for further development, including a comprehensive VA examination to assess the current severity of his service-connected Hodgkin's disease and endarterectomy, right carotid artery.

The veteran's service-connected cold injury residuals do not render him unable to secure or follow a substantially gainful occupation.

The veteran is not competent for VA purposes and the claims for earlier effective date and increased rating for residuals of bronchial carcinoid and left lower lobectomy are denied.

The Board denied the appellant's claim as she was not recognized as the veteran's surviving spouse for VA death benefits due to her divorce from the veteran in December 1986 and lack of evidence showing remarriage or cohabitation with the veteran after the divorce.

The Board has granted the veteran's claim for service connection of residuals of a right thoracotomy, decortication and pneumonia as secondary to his service-connected right knee disability. The appeal regarding compensation under 38 U.S.C.A. § 1151 is dismissed.

The Board dismissed the appellant's appeal because she did not file a timely substantive appeal within 60 days of receiving the Statement of the Case (SOC).

The Board denied the veteran's claim for an increased rating for non-psychotic organic brain syndrome due to trauma, finding that his symptoms did not meet criteria for a higher rating.

The Board denied the veteran's claim for basic eligibility to receive educational assistance benefits under Chapter 34 or Chapter 30, Title 38, United States Code due to the expiration of the Chapter 34 program and his commission as an officer in the ROTC program prior to October 1, 1996.

The veteran died of a malignant brain tumor in August 2000. His claim for service connection was denied because there was no evidence of the tumor in service or within one year of his discharge, and no nexus between the tumor and his active service.

The Board found no evidence linking the veteran's death to his service, and denied the claim for service connection for the cause of his death.

The Board dismissed the claims for service connection of scoliosis and right atrial enlargement/cardiomegaly as the appellant did not timely disagree with the ratings assigned to her service-connected disabilities.