Other conditions decisions — 2003

The Board denied the appellant's claim for basic eligibility for VA benefits due to lack of requisite military service.

The Board has remanded the case for additional medical evidence development, including orthopedic and neurologic examinations to determine the current severity of the service-connected neck and back disabilities. The RO should also ensure that all VCAA notice obligations have been satisfied.

The Board has remanded the case for further development regarding the veteran's entitlement to Social Security Administration (SSA) disability benefits and recalculation of the VA pension overpayment. The claim will be reconsidered with consideration of principles of equity and good conscience.

The Board denied the veteran's claims for a higher initial rating for her lumbar spine disability and service connection for a left hip disability.

The Board granted the veteran's claim for an increased rating of 80% for syncope, effective from the date of his original claim. The service connection for a hiatal hernia was not addressed as it is not in appellate status.

The Board found no current bilateral knee disability and denied service connection for HIV related illness due to lack of evidence.

The Board has ordered further development due to pending issues regarding the veteran's service-connected status post splenic/pancreatic injury. The case is being sent back for additional evidence collection and a VA medical examination.

The Board granted an effective date of June 1, 1992 for the payment of dependency compensation for the veteran's spouse. The decision was based on the veteran's original marriage and subsequent service-connected disability.

The veteran's claims for increased ratings for his service-connected gunshot wound of the left lower extremity and shell fragment wound of the right lower extremity were denied by the RO. The case is being remanded to provide additional development, including a VA examination and consideration of new criteria for evaluating scars.

The veteran's claim for an increased rating for recurrent ranula was granted, and he is now rated at 10 percent. The service connection claim for pancreatitis as secondary to his service-connected recurrent ranula with left submaxillary gland excision was also granted.

The case is being remanded for the RO to consider additional evidence and readjudicate the claims, including service connection for cause of death, DIC under 38 U.S.C.A. § 1151, and eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.

The Board has found new and material evidence to reopen the claim of service connection for a bilateral eye disorder, which was previously denied in 1970. The veteran's right eye disability is now considered related to his reported head injury during service.

The Board has determined that the veteran's fatal heart attack was caused by cardiovascular disease that began in service, and thus grants service connection for the cause of his death.

The Board has decided to remand the case for additional development, including obtaining medical records and a VA examination.

The Board has determined that new and material evidence has not been received to reopen the claims for throat disorder and right lower extremity disorder. The appellant's psychiatric, hearing loss, and right eye disorders are not service-connected.

The VA determined that the veteran's hoarseness was not caused by medical treatment at a VA facility in August 1995, and thus denied his claim.

The Board denied the veteran's claim for service connection for pulmonary fibrosis, finding that new and material evidence had not been submitted to reopen the claim. The case was remanded multiple times due to various issues including obtaining VA medical records and private treatment records.

The Board granted the appellant's claim for DIC under 38 U.S.C.A. § 1318, effective December 11, 2000, based on a liberalizing law change that reduced the marriage requirement from 2 years to 1 year.

The Board found no evidence to support the veteran's claim that his left leg infection with osteomyelitis was caused by treatment he received at a VA Medical Center in the 1970s, and thus denied his claim.

The Board found that any pre-existing disability involving the veteran's legs resulting from surgery prior to service was not permanently aggravated as a result of his active service.