Other conditions decisions — 2003

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for herniated nucleus pulposus at L4-5, postoperative. The issue is now in appellate status.

The Board denied the veteran's request for an extension of a temporary total convalescence evaluation beyond April 30, 2002 due to lack of evidence showing continued need for convalescence or severe postoperative residuals.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a foot disorder, including bilateral pes planus. The claim will be reopened.

The appellant is not eligible to receive retroactive benefits due the veteran at the time of his death as she does not fall within any of the categories eligible for such payments.

The Board has ordered the VA to provide adequate discussion of the amended duty to notify as defined in Charles v. Principi, 16 Vet. App. 370 (2002). The case is now remanded for further action.

The Board is remanding the case to comply with VCAA requirements and to address whether the original claim became final, potentially requiring new and material evidence for reopening.

The Board denied the veteran's claim for an increased rating for gastroduodenal irritability, finding that his symptoms did not meet the criteria for a higher rating based on the severity of his condition.

The Board found that the cause of death, hypertensive atherosclerotic cardiovascular disease, was not related to service or any service-connected condition.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded to the RO for obtaining medical records from the VA Medical Center in San Francisco.

The Board has denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to VA treatment in February 1994, finding that there is no evidence of a new disability resulting from such treatment.

The veteran's bilateral temporomandibular joint disability is found to have originated in service and the Board grants service connection for this condition.

The Board has ordered further development due to pending issues regarding the veteran's claim for service connection of a disability manifested by bilateral arm pain. The case is now remanded for additional examination and review.

The Board has determined that the veteran's claims of service connection for macular degeneration and dyspepsia, to include as secondary to his service-connected residuals of mononucleosis and malaria, are denied. The RO is instructed to readjudicate these claims and issue a Supplemental Statement of the Case if necessary.

The Board has determined that the veteran's service-connected below-the-knee amputation caused or contributed to his death, and thus granted the claim for service connection for the cause of death.

The veteran's disability does not meet the criteria for a higher level of special monthly compensation based on need for aid and attendance, but he is entitled to an intermediate rate due to loss of use of both feet.

The veteran's claim for a TDIU due to his service-connected genitourinary disability is being remanded for additional development, including obtaining pertinent evidence and providing the veteran with proper notice under the VCAA.

The Board has granted service connection for gastric carcinoma (status post gastrectomy) and found that the veteran entered a timely notice of disagreement to the February 1996 rating decision denial of service connection for status post gastric adenocarcinoma. The medical evidence is in relative equipoise on whether the veteran's condition is etiologically related to service.

The Board dismissed the appeal because the appellant did not file a timely substantive appeal regarding his waiver of loan guaranty indebtedness claim.

The Board denied the claim of service connection for status post myocardial infarction, finding that no competent medical evidence linked the veteran's current heart disability to his military service.

The veteran's claim for nonservice-connected disability pension benefits was denied as he did not serve during a period of war, and thus does not meet the eligibility requirements.