Other conditions decisions — 2003

The Board found that the veteran's claim of CUE in an August 1978 rating decision denying service connection for a nervous condition was legally insufficient and denied the claim.

The Board denied an earlier effective date for the award of service connection for post traumatic stress disorder, finding that the earliest possible effective date is May 10, 2000.

The Board denied service connection for a nervous disability and did not grant the reopening of the claim for carcinoma of the left tongue due to exposure to Agent Orange. The veteran's claims are pending.

The Board found that the veteran's cause of death, which included cardiovascular disease and hepatoma, was not related to his service or a service-connected condition. The left femur shortening disability did not contribute substantially to the cause of death.

The veteran died from septicemia and subdiaphragmatic abscess, which the Board found were not related to his military service.

The Board denied the veteran's claim for waiver of recovery of an overpayment of pension benefits in the amount of $131,877 due to fraud on his part.

The veteran's appeal is being remanded to schedule a Travel Board hearing. The case will be returned for further proceedings.

The Board has determined that the veteran's National Service Life Insurance policies had lapsed prior to his death, and thus denied the appellant's claim for insurance proceeds.

The Board has remanded the case for additional development and to ensure compliance with the Veterans Claims Assistance Act of 2000.

The Board has ordered further development due to pending issues and will remand the case back to the Regional Office for additional examination and consideration.

The Board has remanded the case for further development, including scheduling a hearing before a Veterans Law Judge at the RO or obtaining documentation from the appellant regarding her preference.

The veteran's claim for an increased rating for his service-connected right elbow injury with traumatic arthritis is being remanded to the RO for further development and readjudication.

The Board has granted secondary service connection for hypertrophic cardiomyopathy, finding that the veteran's post-traumatic stress disorder contributed to his condition.

The veteran's service connection claim for fatigue, claimed as due to undiagnosed illness during his service in the Southwest Asia theater of operations, is granted. The Board also noted that erectile dysfunction claims were not addressed.

The veteran's claim for an increased rating of 10 percent for conversion reaction was denied as he failed to report for a scheduled VA examination without good cause.

The Board has ordered further development due to pending issues regarding service connection for epididymitis, vasitis, and a right orchiectomy. The case is now remanded for additional examination and review.

The Board has ordered further development in the veteran's case, including obtaining medical records from VA and private sources. The issues of service connection for a gastric ulcer and increased rating for left knee disability are being remanded to allow for additional evidence collection.

The Board found that the veteran's abscess of the perineal lymph nodes is no more than 10 percent disabling and did not meet criteria for higher ratings under current or previous rating criteria.

The Board denied the appellant's request for a waiver of recovery of an overpayment of death pension benefits due to her failure to submit the request within the required 180-day period.

The Board of Veterans' Appeals denied the veteran's claim for entitlement to service connection for a left foot condition.