Other conditions decisions — 2003

The Board found that the veteran does not have a chronic cardiovascular disability and denied her claim for service connection.

The Board found that the cause of death (prostatic carcinoma) was not caused by service-connected disability, and denied service connection for cause of death. The veteran's other claims were also denied.

The veteran's appeal is about the effective date for a 30 percent rating for hiatal hernia with Barrett's esophagitis, which was granted in March 2001. The RO has not yet determined an earlier effective date than March 22, 1999.

The veteran's service-connected disabilities were not rated as 100% disabling at any time prior to his death, and therefore DIC under the provisions of 38 U.S.C.A. § 1318 is denied.

The Board has remanded the case for additional development, including obtaining medical records and evidence from SSA. The veteran's claims of service connection for left leg disability, vertebral injury, left knee disability, and back disorder are being reviewed.

The veteran requested an increased evaluation for his service-connected left elbow prosthetic implant, but withdrew the appeal on May 9, 2003.

The Board has determined that the veteran's current gastric disorder, characterized as post-gastrectomy syndrome and status post partial gastrectomy, is related to his active service and granted service connection for this condition.

The Board has granted service connection for tinea versicolor, finding that the veteran's skin disability was aggravated by his military service. The issues of bilateral hearing loss and tinnitus are addressed in the remand portion of this decision.

The Board denied service connection for residuals of cold injury, including injury to the left hand, finding no current related disability shown by competent medical evidence.

The veteran withdrew all of his appeals before the Board, including those for an increased evaluation and service connection.

The Board denied the veteran's claim of service connection for perforation of the right eardrum, finding no new and material evidence to reopen his previously denied claim.

The Board found that the veteran's service-connected condyloma acuminata of the inguinal area has not been shown to be productive of significant symptomatology and thus does not meet the criteria for a compensable evaluation.

The Board found that the overpayment of $11,089 was validly created due to the veteran's receipt of Social Security disability benefits in addition to VA pension benefits. The veteran did not demonstrate bad faith in creating this overpayment.

The Board has remanded the case for additional development due to a request from the veteran's representative for a Travel Board hearing.

The VA has denied the veteran's claim for an increased rating of his service-connected chronic unspecified adjustment disorder, as it does not meet the criteria for a higher rating under the applicable diagnostic code.

The Board has determined that the veteran's claim for an increased evaluation for his service-connected thoracic spine disability remains viable and remanded the case for additional development. The RO is instructed to ensure all notification and development action required by law are fully complied with, including considering new evidence received since the most recent Supplemental Statement of the Case.

The veteran's claims for an increased evaluation for organic brain syndrome and TDIU were denied due to his failure to report for a necessary medical examination.

The Board denied the veteran's claim for an increased rating for his service-connected right shoulder disability due to his failure to report for a scheduled medical examination without good cause.

The Board denied the veteran's claims for service connection for right hand and left hand disabilities, finding no new and material evidence to reopen the right hand claim and denying both issues.

The veteran's claim for payment or reimbursement of unauthorized medical service for a non-service connected heart attack at a non-VA facility from December 23, 2001 through December 25, 2001 was denied because he had not received treatment at a VA facility within the 24 months prior to the emergency treatment.