Other conditions decisions — 2003

The Board has granted service connection for TMJ syndrome, finding that it was incurred or aggravated by active military service. Service connection for left ear Eustachian tube dysfunction and otitis is denied.

The veteran's appeal is being remanded for additional development due to the need for a VA examination to determine if his current hearing loss and respiratory disorder are related to his military service.

The Board has determined that there is no evidence of an intestinal polyp or bilateral macular degeneration in service, and the current conditions are not related to service. Therefore, the claims for service connection have been denied.

The Board has dismissed the appeal as the appellant died during the pendency of the appeal and thus no longer has standing to pursue the claim.

The Board denied the appellant's claim of entitlement to VA benefits on the basis that her deceased spouse did not have qualifying service as a veteran, and therefore she is not eligible for VA death benefits.

The veteran's claim for an increased disability rating for his service-connected right foot fracture was denied.

The Board has denied the veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or at the housebound rate due to his significant deterioration in physical condition, including worsening leukemia, problems walking, and loss of vision.

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claim for service connection for bilateral clawfoot. The RO denied this claim in July 2002, but the veteran has not appealed the denial of his additional claims for other foot conditions.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA improved pension benefits, leaving a balance of $8,193. The decision found that the appellant was at fault in creating the overpayment and that recovery would not violate principles of equity and good conscience.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The Board has determined that further development is needed before the case can be decided. This includes obtaining additional evidence, including Social Security Administration records and a VA examination to assess the severity of the veteran's service-connected residuals of cerebral contusion.

The Board denied service connection for the residuals of a bilateral knee injury with degenerative joint disease, finding that there was no evidence linking the condition to an in-service injury.

The Board found that the overpayment of compensation benefits in the amount of $2,937 was due to sole administrative error by VA and not caused by the veteran. Therefore, the appeal is allowed as the assessed debt is not valid.

The Board has ordered further development due to the need for additional evidence. The case is now remanded for the RO to obtain medical records and conduct examinations to determine if the veteran's sleep problems are related to his service-connected prostate carcinoma, post-prostatectomy.

The Board has remanded the case for further examination and clarification of diagnoses related to the veteran's back and right leg conditions.

The Board denied the veteran's claim for an earlier effective date for a 10 percent disability rating for her service-connected skin rash, finding that the increase in severity of the condition was factually ascertainable within one year prior to the date of receipt of her claim.

The Board has determined that the veteran's claim for an initial rating in excess of 10 percent for adjustment disorder with mixed features is denied.

The Board has determined that the veteran's bilateral lower leg edema with pain is a service-connected disability, and thus grants service connection for this condition.

The Board found that the RO's 1954 decisions denying service connection for ulcerative colitis were not clearly and unmistakably erroneous, as there was no evidence at the time indicating preexistence or in-service causation/aggravation.

The veteran's claim for basic eligibility for non-service-connected disability pension benefits was denied as he did not meet the requirements based on his service in Thailand, which is outside of the Vietnam era.