Other conditions decisions — 2003

The Board found that the veteran did not have service connection for prostatitis as it was not shown to be related to his military service, and thus denied the claim.

The Board has remanded the case for a complete review of the evidence and compliance with the Veterans Claims Assistance Act of 2000. The veteran's claim for an increased rating remains pending.

The Board denied the appellant's claim for dependency and indemnity compensation under 38 U.S.C. § 1151 due to death resulting from VA medical treatment, finding that there was no evidence of negligence or failure to diagnose a pre-existing condition.

The Board has remanded the case for further development, including a VA examination to assess the current severity of the service-connected postoperative hallux valgus deformities and consideration of any relevant evidence.

The Board has reopened the veteran's claim and is considering it on a new basis, but denied service connection for skin disability. The case is being remanded to allow further development of evidence.

The Board has determined that the appellant's income for 2000 exceeded the maximum annual income limit for improved death pension benefits, thus denying her claim.

The Board denied the appellant's claim for an increased rating for his service-connected postoperative residuals of a bone cyst of the right humerus, currently rated at 10 percent.

The veteran's claim for an increased rating for residuals of a right eye injury is being remanded due to the need for VCAA compliance and additional development.

The Board has determined that the veteran does not have traumatic arthritis in his right sacroiliac joint or associated pain, weakness, premature fatigability, incoordination, etc., which actually cause functional impairment (e.g., limitation of motion).

The Board denied service connection for the claimed residuals of left ovary and uterus removal, as well as an increased rating for the service-connected postoperative granulosa cell tumor. The veteran's right ovarian condition was rated at 20 percent.

The Board denied the veteran's claims for service connection for arthritis and herpes, finding that there was no evidence linking these conditions to his military service or any related exposure.

The veteran's claim for an increased evaluation for bilateral chronic, suppurative pyelonephritis was denied as the disability does not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied the veteran's claim for service connection for acute myelocytic leukemia, claimed as due to exposure to ionizing radiation. The case is being remanded for additional development and notification.

The Board denied service connection for the cause of the veteran's death due to a lack of evidence linking his cancer of the pharynx to Agent Orange exposure during service.

The Board denied an increased initial evaluation for the service-connected status post left scrotal orchiectomy with partial scrotectomy, finding that the preponderance of evidence did not support a higher rating.

The Board has ordered the case to be remanded for further development due to issues related to an overpayment of educational assistance. The appellant needs to provide evidence regarding mitigating circumstances that caused her academic difficulties, and VA will consider this information in determining whether an overpayment exists.

The Board denied the veteran's claim for service connection as his current foot disorder is not shown to be related to military service.

The Board found that the veteran's death was caused by his own willful misconduct, specifically alcohol intoxication at the time of a motorcycle accident. Therefore, service connection for the cause of the veteran's death is not warranted.

The Board has determined that the veteran's skin disorder of the feet, including residuals of frozen feet, is related to his service and grants service connection for these conditions.

The Board found that the veteran's current disability of dermatomyositis was not incurred during her active service and denied her claim for service connection.