Other conditions decisions — 2003

The Board found that the overpayment of VA improved pension benefits was not properly created due to administrative error, and thus granted the veteran's appeal.

The Board found that the veteran's right elbow injury did not have its onset in service and was not aggravated by service, thus denying his claim for service connection.

The Board granted higher ratings for the service-connected varicose veins of each lower extremity and left knee disability, with a final rating of 20 percent for the left knee.

The Board has decided to remand the case due to an issue not set forth as an issue on appeal in the Statement of the Case (SOC) issued in July 2001, which is whether the overpayment was properly created. The veteran's proper representative was not notified of the debt in May 2000.

The Board has denied the veteran's claims for service connection for a right eye disorder and an initial compensable rating for left forearm phlebitis, finding that there is no evidence of current disability related to service.

The Board denied the veteran's claims for various conditions, including small bowel ischemic thrombosis with necrosis, memory loss, shrinking sex organ, chest pain, soft tissues, peripheral neuropathy, and arterial occlusive disease. The appeals were not about service connection at all.

The Board denied the veteran's claim for an increased rating for bilateral otitis media, finding that there was no evidence of complications or other conditions warranting a higher rating. The veteran's hearing loss is rated as Level I and does not meet the criteria for a compensable rating.

The Board has granted restoration of a 20 percent rating for the veteran's left eye pigment disruption, with scotoma and status post traumatic macular detachment.

The Board denied the veteran's claim for VA benefits under Chapter 18 of the United States Code, as his daughter has been diagnosed with spina bifida occulta, which is not covered by the applicable laws and regulations used to determine eligibility for Chapter 18 benefits.

The Board has remanded the case for additional development, including a VA examination to determine if the veteran has a stomach disorder related to service.

The Board denied the appellant's claims for service connection and increased evaluation, finding no evidence linking his current skin disorder or scalp laceration to service. The RO assigned a noncompensable evaluation for the scalp laceration.

The Board found that the veteran does not currently have residuals of a head injury sustained during active service.

The Board has granted a 20 percent evaluation for the veteran's service-connected post-traumatic L4-5 disc disease with pain on motion from April 1, 1988, to October 15, 1993.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for the requested development, including obtaining copies of treatment records from health-care providers.

The VA determined that the veteran's service-connected status post truncal vagotomy and bilateral piloroplasty for duodenal ulcer disease does not warrant a rating greater than 40 percent.

The Board has denied the veteran's claims for service connection for residuals of second finger tendon laceration and left thumb injury, finding that there is no medical evidence linking these conditions to his active duty.

The Board has decided to remand the case due to new evidence submitted by Dr. Ferdinand Panelli and other procedural issues, including a lack of Spanish translations for some documents.

The Board has ordered further development due to the need for additional medical records. The case will be returned to the RO for obtaining these records and then reviewed.

The veteran's claims for increased disability evaluations and TDIU are being remanded due to the need for additional development, including obtaining medical records and providing proper VCAA notification.

The veteran is seeking compensation under the 38 U.S.C.A. § 1151 for injuries sustained during an inguinal hernia repair at the Nashville VA Medical Center in February 1999, but his claim has been remanded due to procedural issues.