Other conditions decisions — 2001

The Board has determined that the veteran's service-connected fracture of the left zygomatic arch does not warrant a compensable rating, as there is no evidence of any objectively identifiable symptoms or functional impairment.

The veteran's claim for an increased evaluation of his service-connected residuals of a shell fragment wound of the thoracic spine region was denied. The December 16, 1968 rating decision that granted service connection for the back disability and assigned a 10 percent evaluation based on a scar is not considered to contain clear and unmistakable error.

The Board has remanded the case to obtain Social Security Administration records and federal tax returns, and to consider any additional evidence submitted by the veteran. The effective date for TDIU is still May 22, 1990, but service connection for atherosclerosis remains pending.

The VA has determined that the veteran's gastritis, currently rated at 10 percent, does not warrant an increased evaluation.

The Board granted an effective date of August 30, 1985 for the grant of service connection for hairy cell leukemia based on new evidence submitted by the veteran.

The Board denied the appellant's claim of basic eligibility for VA disability compensation benefits due to lack of qualifying military service.

The Board found that the veteran's failure to report medical expenses led to an overpayment of VA pension benefits. After considering fault, undue hardship, and other factors, the Board concluded that recovery would be against equity and good conscience, thus granting a waiver of the overpayment.

The Board has granted an effective date of December 6, 1988 for the rating period on appeal and has determined that a 30 percent initial rating is warranted for the veteran's service-connected cardiovascular disability. The Board also found that the veteran's claim for an increased rating was not supported by evidence showing entitlement to a higher rating.

The veteran seeks service connection for a left hip disorder. The Board previously denied the claim, finding it not well grounded. The Court has now remanded the case to the Board for adjudication on the merits due to new legislation.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of a head injury, including a memory deficit. The issue is now remanded for further development.

The Board has granted a 60 percent evaluation for the veteran's residuals of a right knee replacement due to traumatic arthritis, chondromalacia and laxity.

The Board found that the veteran's current right knee disability is not related to his military service and denied both his claim for service connection and his request for an increased rating.

The veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and ensuring compliance with the Veterans Claims Assistance of Act of 2000.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim for service connection for residuals of a head injury, which was previously denied in 1956. The appellant provided chiropractic reports indicating current disability as the result of an injury during military service.

The Board found that the veteran's bladder tumor was not incurred in service and is not related to any incident of active duty, including exposure to ionizing radiation. The claim for service connection was denied.

The VA has denied an evaluation in excess of 20 percent for the veteran's service-connected right fibula fracture, effective July 6, 1998.

The Board has determined that the appellant's dissociative disorder is a result of his military service and has been granted service connection.

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

The veteran's claim for disability compensation benefits under the provisions of 38 U.S.C.A. § 1151 was denied because there is no evidence that he sustained injuries to his lower back and right leg as a result of VA medical treatment on August 22, 1991.

The Board has remanded the case due to new evidence and procedures required by the Veterans Claims Assistance Act of 2000 (VCAA). The appellant is entitled to a VA examination for genitourinary, neurological, and psychiatric conditions.