Other conditions decisions — 2003

The appeal has been dismissed as the appellant withdrew their appeal before a decision was made.

The Board found that the appellant's sudden loss of sight in his left eye was due to a central retinal artery occlusion, which had no known relation to the October 1994 surgery and treatment at VA facilities. The evidence did not support the claim.

The veteran's death was not caused by VA medical treatment, and therefore DIC benefits under 38 U.S.C.A. § 1151 for the cause of the veteran's death are denied.

The Board denied the appellant's claims for increased ratings for her service-connected right and left knee disabilities.

The veteran's knee disabilities are not rated higher than the current 10 percent due to lack of evidence showing more severe impairment.

The Board denied the veteran's claims for increased ratings for his bilateral exostosis of the feet, finding that the evidence did not support a rating higher than 10 percent.

The Board denied the veteran's claims for an increased evaluation and restoration of a 30 percent evaluation for his service-connected dysthymia, finding that the evidence did not support these claims.

The veteran's service-connected right lower extremity conditions have been rated based on their current manifestations, with increased ratings granted for the period prior to January 12, 1998 and from that date onward.

The veteran's grandmother is seeking a waiver to recover an overpayment of $625.00 from the VA due to an apportionment granted in his name, but later reduced by the RO.

The Board has determined that a VA examination is needed to clarify the relationship between the veteran's current bladder condition and his service, as well as any prior enuresis. The case will be remanded for this purpose.

The Board is remanding the case to the RO due to procedural defects and additional evidence has been added to the record. The issue of whether new and material evidence has been received to reopen the claim for service connection for the cause of the veteran's death will be reconsidered.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for residuals of a pituitary tumor, which was previously denied in June 1984. The medical opinions now suggest that the post-service reported and diagnosed pituitary tumor may have begun during or after the veteran's period of active service.

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 right orchiectomy.

The Board has ordered further development due to pending evidence and procedural issues. The case is now remanded for additional development at the RO level, including obtaining medical records from the VA Medical Center in Memphis and scheduling a VA examination.

The veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The veteran's claim for an increased rating for paronychia and lymphangitis of the left middle finger is being remanded due to a lack of proper notification period.

The Board denied the veteran's claim of entitlement to service connection for a chronic acquired right eye disorder, finding that no current acquired right eye disability was identified except for myopia. The issue is referred back to the RO for further action on the evaluation of the veteran's mechanical low back pain with bilateral radicular symptoms.

The Board is remanding the case due to VCAA notice deficiencies and scheduling a video conference hearing for the veteran.

The Board denied the veteran's claim for an evaluation in excess of 30 percent for his service-connected residuals of respiratory cancer, finding that the evidence did not meet the criteria for such a rating during the period from August 1, 1998 to September 29, 2002.

The Board has determined that the appellant does not have a current gastrointestinal disability or partial depigmentation of the left chest area and left arm, and there is no evidence linking these conditions to service. The claim for residuals of a cold injury to the left hand was previously denied and new and material evidence has not been received.