Other conditions decisions — 2001

The Board has determined that the veteran's current left frontoparietal craniectomy residuals and complaints of headaches are related to his inservice accident, thus granting service connection for these conditions.

The Board denied the appellant's claims for increased ratings for residuals of a right foot gunshot wound and residuals of a right hip dislocation, as well as his claim for service connection for a back disorder secondary to these conditions. The evidence did not support higher disability evaluations or service connection.

The Board has ordered the case to be remanded for further development of evidence, including obtaining medical records from doctors and employment records. The appellant must provide a list of former employers.

The Board has remanded the case for further development, including obtaining missing VA medical records and ensuring compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The DIC claim under 38 U.S.C.A. § 1151 will also be adjudicated.

The Board has determined that the veteran's sleep disorder and muscle pain are related to his service in the Gulf War, specifically his deployment during the Persian Gulf conflict. The claims for these conditions have been granted.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA improved pension benefits, finding that recovery would not be against equity and good conscience.

The Board has granted a 20 percent evaluation for the veteran's service-connected myalgia paresthetica with residual injury to the left lower extremity, finding that it more nearly approximates moderate incomplete paralysis.

The Board found no additional disability involving anemia, purulent nasal discharge or deformity of the nose as a result of VA surgery performed in June 1996. The preponderance of evidence is against the veteran's claim.

The Board has determined that the veteran's service-connected weak feet do not warrant a rating in excess of 10 percent, as there is no evidence to support such an increase.

The veteran seeks service connection for cramps of the feet, separate and distinct from his service-connected bilateral pes planus. The Board finds that additional development is needed to determine if a separate disability exists and its etiology.

The VA has determined that the veteran's service-connected residuals of the removal of epidermal inclusion cysts and hemangioma do not meet the criteria for a compensable rating.

The Board has determined that the veteran's panic disorder and dysthymic disorder had their onset during service, granting service connection for these conditions.

The veteran's dental disability, including crowns and root canals due to caries caused by xerostomia resulting from medication prescribed for a non-service-connected psychiatric disorder, is found to be compensable under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for an earlier effective date for nonservice-connected pension benefits, finding that no formal or informal claim was received prior to June 25, 1999.

The Board has denied the veteran's claim for secondary service connection for residuals of injuries sustained in a motor vehicle accident as secondary to his service-connected diabetes mellitus due to lack of medical evidence linking the accidents to his diabetes.

The veteran's claim for an earlier effective date for additional compensation benefits for dependents is denied. The RO awarded the benefits as of April 1, 1999 based on the latest date under VA regulations.

The veteran's cause of death is being reviewed for DIC benefits, and the service connection for congestive heart failure and angina for accrued benefits purposes is also under review. The appeal involves both issues.

The Board has remanded the case due to new law requirements and insufficient examination report. The veteran's claim for an increased rating for gastrointestinal disability is on hold until further development.

The Board has restored the appellant's original 60 percent evaluation for his service-connected postoperative residuals of a gastrectomy with gastrojejunostomy for gastric adenocarcinoma, as the reduction was improper due to procedural flaws.

The Board of Veterans' Appeals has determined that the appellant was not permanently incapable of self-support before reaching the age of 18, and thus denied her claim for VA benefits.