Other conditions decisions — 2003

The Board has ordered further development due to the need for additional evidence and clarification. The case is now remanded back to the RO for a VA examination and consideration of the claim.

The veteran's claim for an increased evaluation for his service-connected temporomandibular joint dysfunction is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the veteran's remarriage and his wife's income were not properly considered in determining his pension eligibility, resulting in an overpayment. The Board found that both parties had fault but decided to waive recovery of the $3,011 overpayment due to undue financial hardship for the veteran.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for postoperative deviated nasal septum, which was previously denied in August 1994.

The veteran suffered a fracture of the left wrist during a VA hospitalization in February 2001. The Board found that some fault was attributed to VA, and compensation is granted under 38 U.S.C.A. § 1151.

The Board found that the appellant did not have proper military service to be eligible for VA benefits and denied his claim.

The veteran's appeal was denied for an increased evaluation in excess of 50 percent for the residuals of a skull fracture. The RO established service connection for dementia secondary to the service-connected skull fracture and assigned a 50 percent evaluation, effective from February 25, 2000.

The Board has dismissed the veteran's appeal of service connection for porphyria cutanea tarda as a result of exposure to herbicides due to the appellant withdrawing his appeal.

The Board has determined that the veteran's death was caused by his service-connected hypertension, which resulted in congestive heart failure and cardiac arrest. The cause of death is therefore attributed to service.

The Board has granted an increased initial rating of 30 percent for the veteran's neck disability, effective from April 17, 1990. The claim for a higher initial rating prior to that date is denied.

The Board denied the appellant's claim of basic eligibility for VA health benefits due to a lack of veteran status, as his service did not meet the criteria for active duty or inactive duty.

The Board has denied the veteran's claims of service connection for a lung disorder, residuals of a neck injury, and diverticulosis. The evidence does not support a finding that these conditions were incurred or aggravated by service.

The Board found no evidence of a current right hip disability and denied the veteran's claim for service connection for his right hip disability as secondary to his service-connected total left knee replacement.

The Board has ordered further development due to pending issues and the need for a dermatological and psychiatric examination. The case will be remanded for these examinations and consideration of the claims.

The Board denied the veteran's claims for service connection for nicotine dependence and Buerger's disease, finding that the provisions of 38 U.S.C.A. § 1103 prohibit such awards due to the prohibition on compensation for disabilities resulting from tobacco use in service.

The Board has reopened the claim for service connection for spastic colitis and finds that it was incurred in service.

The Board denied the appellant's claims of service connection for the cause of the veteran's death and Dependency and Indemnity Compensation (DIC) benefits pursuant to 38 U.S.C.A. § 1318 due to a lack of legal merit, as the veteran's cancer was attributable to his use of tobacco products during service.

The Board has determined that the veteran's left glenohumeral joint with degenerative joint disease, tendonitis, and ankylosis warrants a 30 percent disability evaluation.

The Board has found new and material evidence to reopen the claim for service connection for a skin rash, numbness of the hands and arms, and eye condition due to Agent Orange exposure. However, further development is needed as an examination with a nexus opinion is required before determining the appropriate rating.

The Board has decided to remand the case due to failure to comply with VCAA provisions, and the claim for an earlier effective date for service connection of post traumatic stress disorder is being returned to the RO for further action.