Other conditions decisions — 2003

The veteran's claim for a higher rating for his herniated intervertebral disc at L5-S1 is being remanded due to the need for updated medical examinations and consideration of new evidence.

The veteran's claim for service connection for a skin disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has granted an increased rating to 40 percent for the veteran's service-connected lumbosacral radiculopathy secondary to trauma, and granted service connection for dysthymic disorder with headaches. The claim of entitlement to an increased rating for residuals of fracture of the tibia and fibula of the right leg remains on appeal.

The Board has determined that the appellant is the surviving spouse of the veteran for the purpose of entitlement to VA benefits.

The Board has determined that the veteran's left shoulder disorders, diagnosed as a rotator cuff tear and AC arthritis, were incurred in active service.

The Board found that the cause of death, acute myeloid leukemia, was not service-connected and denied the claim for DIC under Section 1318.

The Board has determined that the veteran's skin disorder, diagnosed as dermatophytosis, had its onset during service and granted service connection for this condition.

The Board denied service connection for the veteran's claimed conditions, including an intramedullary ependymoma of T12-L2 and various gastrointestinal and genitourinary issues. The Board found that these conditions were not due to disease or injury incurred in service, nor could they be presumed to have been caused by exposure to herbicides (Agent Orange).

The Board has remanded the case for additional development due to failure to address VCAA requirements and other procedural issues.

The Board found that recovery of the overpayment would not be against equity and good conscience, as the veteran was not without fault in creating the debt. The decision concluded that recovery would not result in undue hardship for the veteran or his family.

The Board denied increased ratings for the veteran's service-connected left and right knee disorders, finding that the evidence did not support evaluations in excess of 10 percent.

The Board determined that the cause of death, chronic myelogenous leukemia and pneumonia, were not incurred in or aggravated by service. The veteran's PTSD did not contribute to his death.

The Board has denied the veteran's request for waiver of recovery of overpayments of nonservice-connected disability pension benefits.

The Board denied the appellant's request for waiver of recovery of overpayment of VA death pension benefits due to it being untimely filed.

The Board has granted an initial 10 percent rating for pulmonary residuals of a traumatic right pneumothorax, effective from the date of the veteran's claim.

The veteran's claim for an earlier effective date for dependents benefits was denied as he did not apply on behalf of his son J.R. until September 1999, which is more than one year after the July 1998 rating decision granting service connection and a disability rating.

The veteran's service-connected dysthymic disorder with obsessive-compulsive disorder warrants an increased evaluation of 50 percent.

The RO denied reopening the claim for service connection for the cause of the veteran's death due to lack of new and material evidence.

The Board finds that the veteran's prostate cancer is likely due to his exposure to ionizing radiation during service, and grants service connection for postoperative residuals of prostate cancer.

The Board has granted DIC benefits based on the appellant's claim of service connection for the cause of her husband's death, which was denied in April 1971. The Board found new and material evidence to reopen the claim.