Other conditions Board decisions

The Board denied an increased rating for the veteran's right eye disability, finding that the current 30 percent rating adequately compensates his service-connected condition.

The Board has determined that the veteran's May 1988 motor vehicle accident was caused by his own willful misconduct, including intoxication from alcohol consumption. As a result, service connection for injuries related to this accident is denied.

The Board has determined that the appellant is entitled to a rating of 20 percent for chronic prostatitis prior to August 28, 2003 based on obstructed voiding symptoms. For the period from October 1, 2003 to January 11, 2007, he is entitled to a rating of 40 percent due to urinary frequency manifested by awakening to void four to five times per night.

The Board found that the appellant did not submit new and material evidence to reopen her claim for service connection for the veteran's cause of death, as the additional evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Board denied the appellant's application to reopen his claim of legal entitlement to VA benefits, finding that new and material evidence had not been submitted.

The Board denied the veteran's application to reopen his claim regarding the revocation of the forfeiture of VA benefits, finding that no new and material evidence had been submitted.

The Board found that there is no competent evidence linking the current left inguinal hernia to the veteran's service, and thus denied the claim for service connection.

The Board denied the claim for an effective date earlier than July 5, 2005 for the grant of DIC benefits based on appellant's helpless child status.

The Board denied the appellant's request for apportionment of her husband's VA disability compensation benefits due to lack of financial hardship and failure to demonstrate that he is not reasonably discharging his responsibility for child support.

The Board denied the veteran's claim for service connection for residuals from hernia surgery as there was no competent medical evidence to support a finding of an in-service injury or disease.

The veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his duodenal ulcer disease.

The Board has decided to remand the case due to the need for a VA examination and proper notice under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The veteran's claim for an increased rating for his detached retina of the left eye was denied. The Board found that the evidence did not support a higher than 30 percent rating.,The veteran's claim for an earlier effective date for special monthly compensation due to blindness in one eye was also denied.

The Board has determined that the reduction in the veteran's VA pension award based on his wife's Social Security income was correct.

The Board is remanding the TDIU claim to the RO via the Appeals Management Center (AMC) in Washington, DC. The veteran's non-Hodgkin's lymphoma is currently rated at 10 percent and has been in remission since August 2004. There are no confirmed residuals of the disease. The Board finds that the preponderance of evidence does not support a higher rating for the non-Hodgkin's lymphoma.

The VA determined that the appellant's deceased spouse did not have qualifying service as a veteran, and therefore denied her claim for VA death benefits.

The Board denied the veteran's claim for service connection for chronic ulcerative colitis, finding that there was no nexus between his current diagnosis and his military service.

The Board has remanded the case due to the need for additional medical evidence and an examination.

The Board has determined that the evidence is at least in equipoise as to whether the veteran's cancer of the hypopharynx, status post laryngectomy, is causally related to exposure to Agent Orange in service. As a result, service connection for this condition is granted.

The veteran's service-connected residuals of shell fragment wounds of the right eye and left cheek are rated at 10 percent, which is not in excess of what was initially granted. The claim for malaria has no compensable rating assigned. TDIU is denied as the evidence does not show that his service-connected disabilities prevent him from obtaining or maintaining substantially gainful employment. The effective date for a 70 percent rating for anxiety prior to April 21, 1999, is denied.