Other conditions Board decisions

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim for death pension benefits as her deceased husband's surviving spouse. The claim is now reopened, but further development is needed before a final decision can be made.

The Board found that the evidence submitted since the April 1998 rating decision is not new and material, thus denying the reopening of the claim for service connection for lower back pain/strain.

The Board has determined that the veteran's duodenal ulcer and postoperative gastrectomy warrant a 40 percent evaluation, as his symptoms do not meet or approximate the criteria for a higher rating.

The veteran's appeal is for an initial evaluation in excess of 10 percent for his service-connected dysphonia, status post laryngeal fracture and tracheostomy. The VA has requested additional development to ensure compliance with the Veterans Claims Assistance Act of 2000.

The Board finds that the veteran does not have a current disability for which service connection can be granted, as her vision has returned to normal and she currently only has keratitis sicca and blepharospasm. The Board also cannot establish a nexus between any current disabilities and service.

The Board found that the veteran's squamous cell carcinoma was not incurred in or aggravated by service, may not be presumed to have been incurred in service, and was not due to exposure to radiation in service. The claim for service connection is therefore denied.

The Board dismissed the motion for revision of the March 30, 1998 decision on grounds of clear and unmistakable error (CUE) as to the claim of entitlement to VA benefits. The appellant argued that there was CUE in failing to grant basic eligibility due to unrecognized service.

The Board denied service connection for carcinoma of the bladder, finding that it was not present in service or until the late 1990's and did not result from an incident of service.

The VA determined that the appellant had no recognized military service with the United States Armed Forces and therefore is not eligible for VA benefits.

The veteran's post-traumatic stress disorder (PTSD) is manifested by anxiety, depression, flashbacks, nightmares, intrusive thoughts, hypervigilance, psychomotor retardation, suicidal ideation, irritability, and a blunted affect. The VA has determined that the social and industrial impairment from PTSD more nearly approximates total impairment than 70 percent impairment.

The Board has increased the veteran's rating for his phobic reaction, panic disorder from noncompensable to 30 percent effective April 14, 2000. The claim of service connection for tinnitus and hearing loss remains denied.

The Board found that the veteran's cause of death (acute myocardial infarction) was not caused or aggravated by his service-connected stasis dermatitis, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's private hospitalization for a total abdominal hysterectomy and bilateral salpingo-oophorectomy from March 13, 1995 to March 16, 1995 was not authorized by VA due to the availability of VA facilities.

The veteran's claim for an increased rating of bursitis of the left hip was granted, with a current evaluation of 10 percent. The claims for service connection for arthritis of the left and right hips were denied.

The Board has determined that the veteran's amputation of the first, second, third, and fourth right toes does not warrant a rating higher than 20 percent.

The veteran's appeal is being remanded for a new examination to assess the need for aid and attendance benefits.

The Board has granted a 10 percent rating for the veteran's service-connected residuals of bilateral stress fractures, finding that these conditions are manifested by pain and spasm affecting the feet. The maximum evaluation provided by Diagnostic Code 5284 for foot injuries is assigned.

The Board has determined that the veteran's service-connected residuals of a shell fragment wound to the left hand warrant remand for further development, as there is evidence indicating an increased severity of disability. The issue of a separate evaluation for a scar on the dorsum of the left hand also requires additional review.

The Board denied the claimant's eligibility for VA benefits based on service due to lack of verified Philippine Army service. The appeal is therefore denied.

The Board has determined that the appellant does not have qualifying service as a veteran and therefore is not eligible for VA benefits.