Other conditions decisions — 2003

The Board has determined that the procedural requirements for contested claims have not been met, and additional development is needed to ensure compliance with these procedures. The veteran's apportionment claim will be remanded for further action.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for the cause of the veteran's death, which was previously denied in October 1963. The appellant is now entitled to further consideration on this reopened claim.

The veteran is seeking service connection for a mediastinal mass (thymoma) that he claims is due to Agent Orange exposure during his military service. The Board has determined that further development, including an examination and opinion regarding the etiology of the condition, is needed as part of this remand process.

The Board denied the appellant's claim to reopen his entitlement to VA benefits, finding that no new and material evidence had been submitted.

The Board denied the veteran's request for a waiver of an overpayment due to his failure to file within the 180-day period specified by VA regulations.

The veteran's claim for an increased rating for service-connected malaria is being remanded due to incomplete medical records and the need for a VA examination.

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

The veteran's increased ratings for residuals of cold injury to both feet have been granted by the RO.

The Board has ordered further development due to the need for additional evidence related to the veteran's treatment at Baptist Memorial Hospital. The case will be returned to the RO for this purpose.

The veteran's service-connected trichophytosis of both feet is currently rated at 10 percent disabling, effective from June 1999. The Board found that the disability does not warrant a higher rating.

The Board has remanded the case due to notification requirements of the Veterans Claims Assistance Act of 2000 (VCAA) not being satisfied, and the Court's Order in this case pointed out that the VCAA notification requirements had not been met.

The Board has remanded the case due to issues related to dose estimates of ionizing radiation exposure and compliance with VA's duties under the Veterans Claims Assistance Act of 2000.

The veteran's empty sella syndrome is currently manifested by subjective episodes of dizziness with headaches lasting from several hours to two days, four to five times per month. The Board has granted a rating of 30 percent for the veteran's service-connected empty sella syndrome effective November 25, 1996.

The Board has granted service connection for an undiagnosed illness manifested by shortness of breath, finding that the veteran's allegations are supported by objective evidence and his assertions.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for eligibility for educational assistance under Chapter 35, finding that there was no evidence linking the veteran's abdominal aortic aneurysm to his military service or any service-connected condition.

The veteran's claim for service connection for a pulmonary disability is being remanded due to the need for additional development and examination.

The veteran's claims for increased evaluation of service-connected neurogenic bladder and evaluation of service-connected nephrolithiasis are being remanded due to the need for additional development.

The Board denied the appellant's claim for VA benefits on behalf of her adopted children, M.T. and P.T., finding that they were not eligible due to their status as the son's children.

The veteran's claims for increased ratings and TDIU were denied. The right thigh puncture wound is not shown to warrant a compensable evaluation, while the lymphatic and venous damage of the right thigh are only rated at 20 percent.