Other conditions decisions — 2001

The July 31, 1975 rating decision denied the veteran's claim for service connection for a skin disorder. The issue of post-traumatic stress disorder was also denied in February 1999.

The Board denied the veteran's claim for an earlier effective date for a 30 percent evaluation of his service-connected hiatal hernia, finding that the evidence did not demonstrate persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, which is required for a 30 percent evaluation.

The veteran's claim for payment of or reimbursement for expenses incurred at St. Joseph's Hospital due to a fever is denied as he has no adjudicated service-connected disability and the medical emergency did not involve an aggravated service-connected condition.

The Board has remanded the case due to the need for additional development, including obtaining medical records and verifying service dates. The veteran is seeking service connection for syncope as a chronic disability resulting from an undiagnosed illness.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded due to the need for additional VA examinations and medical records.

The veteran's appeal was granted, but with noncompensable evaluations for both conditions. A current VA examination is needed due to the length of time since the last one.

The Board found that the cause of death was not related to military service or any service-connected disabilities, and thus denied the claim for service connection for the veteran's cause of death.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error because there was no final decision to review.

The Board found no evidence of a valid claim filed before July 15, 1997 for service connection for schizoaffective disorder. The veteran's claim was denied as there is insufficient documentation to establish an earlier effective date.

The Board has granted service connection for degenerative joint disease of the right and left knees but assigned a 10 percent disability rating effective from March 1996. The appellant is not entitled to higher ratings as his knee disabilities do not meet the criteria for more than a 10 percent evaluation.

The VA determined that the veteran's post-operative residuals of a ruptured Achilles tendon do not warrant a compensable rating, as her symptoms are minimal and do not meet the criteria for any higher evaluation.

The VA Regional Office denied the appellant's claims for service connection for the cause of her husband's death and for dependents' educational assistance under Chapter 35 of the United States Code.

The appellant's claim for accrued benefits was denied because the surviving spouse had already been paid the full amount due her under the law for aid and attendance benefits.

The Board has reopened the veteran's claim and found that there is sufficient evidence to establish service connection for shell fragment wounds to his left leg.

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA Chapter 31 vocational rehabilitation subsistence allowance benefits in the amount of $1,075.95 due to fault on the part of the veteran and lack of equity and good conscience.

The veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examination and development of his medical records.

The veteran contends that his current gastrointestinal disorder is related to service, but the RO found new and material evidence for reopening the claim. The Board finds further development needed due to lack of medical records from Dr. Marbits and other treatment sources.

The veteran's left eye disability is not considered to be caused by VA surgical treatment in 1985, as the evidence does not show that his current condition resulted from carelessness, negligence, lack of proper skill, error in judgment, or fault on the part of VA medical personnel.

The Board has ordered the Department of Veterans Affairs (VA) Regional Office to obtain all relevant medical records and conduct further follow-up, including obtaining expert opinions from Drs. Neal, Jr. and Moak, in order to determine if service connection for the cause of the veteran's death can be established.

The veteran's claims for increased evaluations of his service-connected postoperative tear of the left MCL and residuals of compression fracture C4-5 and C5-6 with degenerative changes have been granted by the Board.