Other conditions decisions — 2003

The VA has granted initial ratings of 10 percent for status post neck injury with residuals in the right and left upper extremities, based on mild intervertebral disc syndrome.

The Board denied the veteran's claim for a compensable rating for albuminuria in October 2000. The case is being remanded to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person was dismissed due to his death.

The Board denied the appellant's claim of entitlement to basic eligibility for VA benefits, finding that new and material evidence had been submitted but concluding that the criteria for a veteran status were not met.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of a fracture of the nose. The Board finds that the current disability is etiologically related to service, specifically an in-service injury during active duty.

The Board denied the veteran's claim for service connection for a cardiovascular disorder, finding that there was no evidence to support the claim and concluding that his heart condition did not develop during or as a result of his military service.

The Board of Veterans' Appeals (Board) found that the appellant is not entitled to more than a one-quarter share of the proceeds from the veteran's NSLI policies due to the validity and authenticity of the July 2000 beneficiary designation form. The decision was based on evidence showing the veteran had testamentary capacity at the time he signed the form.

The Board denied the veteran's claim for an earlier effective date for TDIU, finding that he was not precluded from securing and following substantially gainful employment prior to August 31, 2001.

The Board found that the appellant did not have recognized active service, thus denying his claim for basic eligibility to VA benefits.

The Board has determined that the veteran's defective hearing was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The evidence does not support a finding of exposure to acoustic trauma during service, nor is there any medical nexus between the current hearing loss and military service.

The Board denied benefits under 38 U.S.C.A. § 1151 for additional disability due to thrombophlebitis resulting from VA medical treatment, finding that no additional permanent disabilities were caused by such treatment.

The Board has determined that the veteran's loss of bilateral acoustic reflexes, also claimed as audio dyslexia, had its onset during active service and is therefore granted service connection.

The Board has determined that the overpayment of improved disability pension benefits in the calculated amount of $46,910.00 was properly created and denied the veteran's claim for waiver of recovery.

The Board has denied the veteran's claim for service connection for prostatitis, finding no medical evidence linking his current condition to his second period of active service.

The Board has vacated its previous decision and granted service connection for the veteran's throat disorder, effective September 9, 2002.

The Board denied service connection for sore joints and muscles, finding no objective indications of disability in the veteran's medical records.

The Board has reopened the veteran's claim of entitlement to service connection for sickle cell trait with anemia due to new and material evidence submitted since the last final denial.

The Board has reopened the veteran's claim of service connection for a fungal infection of the hands and feet due to new evidence submitted since the previous denial in July 1992. The claim is now pending for further adjudication.

The Board denied the veteran's claims for service connection for UTI's and for increased ratings for her right wrist, left wrist, and right shoulder conditions. The evidence did not establish a current disability or show that any of these conditions were incurred in or aggravated by service.

The Board dismissed the appeal because the veteran did not file a substantive appeal after receiving the Statement of the Case (SOC).