Other conditions Board decisions

The appellant's notice of disagreement with the February 2000 denial of entitlement to Dependents' Educational Assistance benefits under Title 38, United States Code, Chapter 35 was timely filed. The appeal is granted.

The Board found no clear and unmistakable error (CUE) in the March 7, 1972 rating decision that assigned an initial noncompensable rating for residuals of shell fragment wounds of the left arm, left leg, left buttocks with retained foreign body, and posterior right thigh.

The Board found that the veteran did not timely file a notice of disagreement with the May 1999 denial of nonservice-connected pension benefits, and thus denied his appeal.

The Board has determined that additional development is needed to properly adjudicate the veteran's claims for increased evaluations for his inguinal hernia and varicocelectomy. The RO must obtain relevant medical records, conduct a VA examination if necessary, and then readjudicate the claims.

The Board found that the veteran's neck and back disabilities were not incurred in or aggravated by service.

The veteran's request for an increased rating on his service-connected Bell's Palsy, right face was granted by the RO in July 2001. The current evaluation is 20 percent.

The Board of Veterans' Appeals has remanded the case due to additional evidence being added to the claims file, and the need for proper notification under the VCAA. The veteran's claim for Service Disabled Veterans Insurance (RH) remains denied.

The Board has determined that the veteran's current left elbow disability, including degenerative joint disease, is likely due to an injury sustained during service. As such, the claim for service connection is granted.

The Board found that the veteran's lung disorder was not caused by VA hospitalization and denied his claim for compensation under 38 C.F.R. § 1151.

The veteran's claim for a higher rating for his service-connected basal cell carcinoma right mandible area and other skin-related disorders of the face, hands, and forearms was granted. The RO combined these disabilities with the already service-connected condition and assigned a 30 percent rating effective November 25, 1996.

The Board has requested additional development and is now considering the case. The veteran seeks service connection for peptic ulcer disease and hiatal hernia as secondary to his service-connected post-traumatic stress disorder.

The Board denied service connection for pulmonary fibrosis, finding that the condition was not incurred in or aggravated by service and there is no evidence of asbestos exposure.

The Board of Veterans' Appeals denied an increased evaluation for the veteran's service-connected left foot injury, currently rated at 30 percent.

The Board denied the veteran's claim for an effective date prior to March 26, 1993, for special monthly compensation (SMC) at the (r)(1) rate due to lack of evidence showing loss of use of his right foot and need for regular aid and attendance before that date.

The Board has granted service connection for residuals of septoplasty and sinus disorder, finding that these conditions are related to injuries sustained in service.

The Board denied an evaluation in excess of 20 percent for the service-connected amputation of the right middle finger and a non-compensable evaluation for the service-connected scarring on the right index finger. The veteran's conditions are rated as they appear to be due to his military service.

The Board denied the appellant's request to reopen his claim for disability compensation benefits, finding that no new and material evidence had been submitted since the October 1976 forfeiture decision.

The Board has decided to remand the case back to the RO for further development and consideration of the appellant's claim of service connection for the cause of her husband's death. The RO will then provide a Supplemental Statement of the Case if necessary, and the case will be returned to the Board for appellate disposition.

The Board has granted a 30 percent disability rating for the veteran's residuals of compression fracture of L1 and spondylolisthesis effective February 16, 1989. The case is remanded to determine if an earlier effective date is warranted.

The Board denied the motion for an earlier effective date for DIC benefits, stating that the correct facts were before them and they applied the then-applicable law correctly.