Other conditions Board decisions

The Board found that the Veteran's scoliosis pre-existed service and was not aggravated during service. As a result, the presumption of soundness is rebutted, and the claim for service connection for a spinal disability is denied.

The Board denied a higher rating for the Veteran's service-connected compression fractures of D3 and D4, finding that the correct facts were before it at the time and no error was made.

The appellant does not have at least 90 days of active service during a period of war, and therefore is not eligible for nonservice-connected pension.

The Veteran's back disability is currently rated at 40 percent, which is the maximum schedular rating available for a L-1 vertebra compression fracture. The Board finds that his symptoms do not warrant an increase in this rating.

The Board has determined that new and material evidence has been presented, reopening the claim for entitlement to compensation under 38 U.S.C. § 1151 for cerebrovascular accident, claimed as a stroke.

The Board has determined that the Veteran's right esophago-pleural fistula is not service-connected, as it was not caused or aggravated by his service-connected pleural thickening. The claim for compensation under 38 U.S.C.A. § 1151 for a right arm disability has been withdrawn.

The Board determined that the appellant's husband did not have qualifying service for VA death pension benefits, and thus denied her claim.

The Board denied the Veteran's claims for service connection for a spleen disorder and right inguinal hernia, as well as his claim for an increased rating for left ear hearing loss. The Veteran was not granted any benefits.

The Board finds that the Veteran does not have a current cervical spine disability other than spina bifida occulta. Service connection for any other claimed condition is denied.

The Veteran's appeal for service connection for a right shoulder disability has been withdrawn. The case is being remanded to determine if the Veteran was exposed to radiation during service and, if so, whether his vision loss in the right eye is related to that exposure.

The Veteran does not have an eye disorder as a result of VA medical treatment, and the preponderance of evidence shows that any additional disability is not related to VA care.

The Board found that the Veteran's Social Security disability payments and his spouse's income should be included as countable income for purposes of payment of nonservice-connected pension benefits, resulting in a denial of the appeal.

The Veteran's appeal is remanded due to the need for additional VA treatment records and a medical examination. The issue of service connection for lymphoma, which may be related to in-service herbicide exposure, will be reconsidered.

The Veteran's appeal has been dismissed due to the death of the appellant. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Board denied the Appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of legal merit and because he does not have recognized active military service as required to establish eligibility.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination. The Veteran seeks an increased rating for his stomach disability, which includes cancer.

The Board found that the Veteran's somnambulism and left scapula injury were not incurred in or aggravated by active military service, as there was no clear evidence of an increase in severity beyond the natural progression during service.

The Veteran's service-connected dysthymic disorder renders him unable to secure and follow a substantially gainful occupation, resulting in the grant of TDIU.

The Board found that the February 1998 rating decision denying a higher rating for compression fractures of D3 and D4 was not based on clear and unmistakable error, as it correctly applied the then-existing regulations.

The Board has ordered a remand to obtain an adequate medical opinion regarding the Veteran's claimed conditions and their relationship to his service. The issues on appeal include determining whether the Veteran's acute psychotic episodes and marital problems are related to his active service, as well as evaluating any potential link between his currently diagnosed psychotic disorder not otherwise specified and his in-service treatment of an acute psychotic episode.