Other conditions decisions — 2001

The veteran's compression fractures of the lower dorsal vertebral area with spondylosis are found to have had their onset in service and are therefore granted service connection.

The Board found that the veteran's service-connected bilateral chronic otitis externa does not rise to the level of disability required for a 10 percent rating under the criteria at Code 6210, and denied his claim for a compensable evaluation.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service in the Army of the United States or as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the U.S. Armed Forces.

The veteran is entitled to an effective date of January 21, 1998 for the 70 percent rating for avascular necrosis of the left hip and a 20 percent rating for avascular necrosis of the right hip.

The Board has determined that the preponderance of evidence is against the claims of entitlement to service connection for neck and back disability.

The Board has granted a waiver of recovery for the overpayment of improved death pension benefits, finding that it would be against equity and good conscience to recover the amount due.

The Board has determined that the veteran's pre-existing right ear disorder was aggravated by his active service, and thus grants service connection for a chronic right ear disorder.

The VA determined that the veteran's defective hearing did not warrant a compensable evaluation, as his hearing impairment was mild to moderate in one ear and essentially normal in the other.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and arranging for a VA examination.

The Board has determined that additional development is needed due to changes in the law and a need for compliance with notification and duty to assist provisions.

The Board has denied the veteran's claim for service connection of a right elbow disorder due to lack of evidence linking his current condition to his military service.

The Board of Veterans' Appeals (Board) has denied the veteran's claim for service connection for post-traumatic stress disorder. The appeal also includes claims for neck, low back, and left ankle disorders, which have been reopened but are still pending.

The Board has decided to remand the case for further development due to lack of pertinent medical records and need for a VA examination.

The veteran's appeal is remanded due to the need for additional development, including a psychiatric examination and review of medical records. The issue of whether new and material evidence has been submitted to reopen his claim of service connection for PTSD will be addressed separately.

The Board found that the veteran's skin cancers were not caused by exposure to ionizing radiation during service, and thus denied his claim for service connection.

The VA denied the appellant's claim for service connection for the cause of her husband's death due to insufficient evidence, but noted that additional medical records might be available and requested by the appellant.

The case must be remanded to obtain additional records and conduct comprehensive VA examinations to assess the veteran's disabilities, including those not previously listed. The RO should then assign disability ratings for all identified conditions and determine if a permanent disability rating for pension purposes is warranted.

The Board has determined that the veteran's right foot disability, characterized by stiffness in the midfoot and a broken staple, does not warrant an evaluation higher than 10 percent.

The veteran's claim is being remanded due to the inextricability of his CUE claim with the current appeal. The case will be returned for further development and consideration.

The Board denied the veteran's claims for service connection for hair loss, high glucose and cholesterol levels, and receding gums as there is no evidence of a current disability related to these conditions.