Other conditions decisions — 2001

The veteran's appeal is being remanded to obtain medical records and a VA examination to determine the etiology of his claimed respiratory disability.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied the veteran's claim of service connection for proteinuria, finding no current disability and insufficient evidence to establish a link between service and the condition.

The Board denied the veteran's claims for service connection for a left arm disorder, residuals of a fracture of the right thumb with claimed arthritis, and whether new and material evidence was submitted to reopen his claim for service connection for a right arm disorder.

The veteran is seeking service connection for an upper respiratory condition, which he claims was caused by exposure to ionizing radiation during service. The claim has been remanded due to the need to obtain missing service medical records and clarify the specific dates of any inservice hospitalizations.

The appellant has withdrawn her appeal, and the case is dismissed without prejudice.

The veteran's leg length discrepancy is not considered to be a result of VA treatment for his fracture of the left tibia and fibula. The Board finds that there is no evidence supporting the claim.

The Board has dismissed the matter as it does not have original jurisdiction to decide eligibility for direct payment of a withheld contingency fee under 38 U.S.C.A. § 5904(d).

The appellant's claims for service connection for undiagnosed illnesses were denied as his complaints are attributable to diagnosed conditions. His claim for an increased rating for cervical spine disability was granted, but not more than the maximum schedular rating.

The Board denied increased ratings for bilateral pes cavus deformity and tenosynovitis of the right hand, finding that the current evaluations adequately reflect the veteran's disability.

The Board has denied the appellant's claim for nonservice connected death pension benefits due to her income exceeding the applicable limit.

The Board has reopened the veteran's claim for service connection for CMT disease due to new and material evidence. The Board found that the veteran's CMT disease existed prior to his active duty, but did not aggravate during service.

The Board denied service connection for the cause of the veteran's death due to carcinoma of the prostate, finding that it was not incurred or aggravated by service.

The Board has denied the veteran's request for waiver of recovery of overpayment of Chapter 34 education benefits due to his untimely submission of the request, which was more than two years after notification.

The veteran's service-connected traumatic arthritis of the thoracic spine with compression fracture of T12 is currently rated at 10 percent, and an additional 10 percent rating for demonstrable deformity of a vertebral body has been granted.

The Board has determined that the veteran does not have current diagnoses of trench mouth or bilateral frozen feet, and there is no evidence linking these conditions to his military service. Therefore, the claims for service connection are denied.

The veteran's claim for service connection for chronic dysentery, claimed as the residual of exposure to Agent Orange, was granted. However, his claims for other conditions related to shell fragment wounds and post-traumatic stress disorder were denied.

The Board has determined that the veteran's muscle and joint pain, including fatigue, is due to an undiagnosed illness related to service in the Persian Gulf War. The veteran's sleep apnea was also incurred during service.

The Board has reopened the veteran's claim for service connection for cardiovascular disease due to new and material evidence submitted since the July 1971 RO decision. However, additional development is needed before the merits of the claim can be adjudicated.

The Board found no clear and unmistakable error in the April 1982 and February 1995 rating decisions that denied service connection for a hysterectomy.