Other conditions decisions — 2003

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a psychiatric disability, including PTSD. The veteran's current diagnosis is schizophrenia with symptoms consistent with PTSD.

The Board found no evidence linking the veteran's cause of death to service or a service-connected disability, and thus denied the claim for service connection for the cause of death. The DIC claim under 38 U.S.C.A. § 1318 was also denied as there is no established right to receive total service-connected disability compensation.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for further action.

The Board denied the appellant's claim for nonservice-connected pension benefits as he did not meet the basic eligibility requirements due to lack of active service.

The Board of Veterans' Appeals has determined that the veteran is not competent for the purpose of receiving direct payment of VA benefits due to his mental incapacity.

The Board has ordered further development due to the need for additional evidence or clarification. The case is now being returned to the RO for review and potential reconsideration of the claim.

The veteran's claim for an increased rating for his service-connected left eye disability is being remanded due to the need for additional VA medical records and a formal VA examination.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the Regional Office (RO) for obtaining medical records and Social Security Administration disability award records.

The Board denied the appellant's request to waive recovery of an overpayment of nonservice-connected death pension benefits due to a lack of timely submission.

The Board has determined that there was clear and unmistakable error in the December 1984 rating decision denying service connection for residuals of polio, and has granted reopening of the claim. The veteran's post-polio syndrome is also now considered service-connected.

The February 1968 rating decision established service connection for the veteran's shell fragment wounds to his hips, thighs and legs (group XIV muscles) with a 10 percent evaluation. The Board found no clear and unmistakable error in this decision.

The Board found that the veteran's arthritis was not initially manifested during service, is not causally related to a service-connected disability, and may not be presumed to have been incurred during service. The claim for service connection for multiple joints manifested by pain was denied.

The Board found that the veteran does not have bowel incontinence causally related to service-connected residuals of a pelvic fracture with lumbar spine arthritis. The claim for service connection for multiple joint arthritis as secondary to service-connected pelvic fracture with arthritis of the lumbar spine was denied.

The Board has reopened the appellant's claim of service connection for hypercholesterolemia, which was listed as a significant condition contributing to the veteran's death. The Board found that new evidence had been received and decided in favor of granting service connection.

The veteran's claims for service connection for liver and urinary tract disorders, as well as low back and left knee conditions, were denied. The Board found that the evidence did not support these claims.

The Board has determined that the appellant can be recognized as the veteran's surviving spouse, which is a prerequisite for VA death benefits. The appeal regarding service connection for the cause of the veteran's death will be addressed in a separate remand.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for obtaining specific medical records and then reviewing the claim.

The Board denied the veteran's claims for service connection, compensation under 38 U.S.C.A. § 1151, and TDIU due to her service-connected disabilities.

The Board denied the veteran's claims for increased ratings for his service-connected hemorrhage of the right eye and trigeminal neuralgia, finding that the evidence did not meet the criteria for a higher rating.