Other conditions decisions — 2003

The Board has determined that the evidence submitted since the December 1980 RO decision is not new and material, thus denying the veteran's attempts to reopen his claims for service connection for an emotionally unstable personality disorder.

The veteran's appeal is about the current disability rating for his service-connected gastrointestinal disorder. The case has been remanded to allow the RO to consider additional evidence and readjudicate the issue.

The veteran's skin disorders, including an epidermal cyst of the neck and dermatophytosis of the groin and back, are service-connected. The Board granted increased evaluations for these conditions.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The VA has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for osteomyelitis of the left lower extremity.

The veteran's claims for service connection for shortness of breath and an initial evaluation in excess of 20 percent for arthralgia of multiple joints, with fatigue and intermittent nausea and diarrhea, were denied. The Board found that the evidence did not support a finding of chronic disability manifested by shortness of breath or constant, refractory symptoms warranting a higher rating.

The Board has determined that the veteran's peptic ulcer disease was incurred during service and is granted service connection. The increased evaluation for left sciatica remains unchanged.

The veteran's appeal for waiver of recovery of an overpayment of VA educational benefits in the amount of $288.16 was dismissed due to her failure to keep VA informed as to her whereabouts and to appear for a scheduled hearing.

The Board denied the veteran's claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 for residuals of right foot surgery, finding no additional disability resulting from VA treatment.

The Board denied the veteran's claims of service connection for colon cancer and ulcerative colitis, as well as his attempts to reopen claims for hypertension, prostatitis, and an acquired psychiatric disorder (including a nervous condition and insomnia), all related to ionizing radiation exposure. The evidence did not support these claims.

The Board found that the veteran's right little finger disability did not meet the criteria for a compensable evaluation under the old or revised schedular criteria. The claim for service connection for PTSD was also denied as there were no credible in-service stressors.

The Board has determined that the overpayment of VA death pension benefits was solely due to administrative error by VA, and thus not validly created. As a result, the appeal is granted.

The Board denied service connection for disorders of the feet due to the veteran's failure to report for a VA examination and lack of evidence linking current foot disabilities to service.

The Board denied the veteran's request for a waiver of recovery of an overpayment in the amount of $10,394 of his improved pension benefits due to bad faith.

The veteran is seeking an increased disability rating for his service-connected Reiter's syndrome. The Board has remanded the case to allow for additional development and consideration of all relevant evidence.

The VA has denied the veteran's claim for payment or reimbursement of unauthorized private hospitalization at Samaritan Hospital due to lack of coverage under a health-care contract and failure to meet all criteria for reimbursement.

The veteran's appeal for an earlier effective date for the grant of aid and attendance at the R-2 rate of care was dismissed as he withdrew his substantive appeal in May 2003.

The veteran's service-connected gastrointestinal disorder, manifested by duodenal ulcer, is currently rated at 40 percent and the Board has determined that an evaluation in excess of this rating is not warranted.

The Board has remanded the case for additional development due to a recent court ruling invalidating a regulation that allowed the Board to consider new evidence without first sending it back to the RO.

The Board has remanded the case for additional development, including obtaining medical records and requesting an opinion from a VA examiner regarding the etiology of the veteran's panic disorder with agoraphobia. The veteran will be provided another opportunity to respond after any additional evidence is considered.