Other conditions decisions — 2003

The Board has reopened the veteran's claim for service connection due to new and material evidence showing that his current progressive demyelinating disorder may have developed during or as a result of service.

The Board found that the veteran's back disorder was not related to his military service and denied his claim for service connection.

The Board denied the claim for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $545 due to the lack of entitlement to such payment as the claimant was not a designated living payee or beneficiary.

The Board found no evidence of service-connected disability that caused the veteran's death, and denied the claim as there was no service connection for any condition. The cause of death listed on his death certificate was disseminated carcinomatosis with carcinoma of the lung.

The Board denied the reopening of a claim for service connection for peptic ulcer disease, finding that no new and material evidence had been submitted to establish a link between the condition and service.

The Board has denied the veteran's claim, finding that his compensation benefits awarded under 38 U.S.C.A. § 1151 are subject to recoupment of an award settlement in a tort claim.

The Board denied the veteran's claims for service connection for a back injury and for a total rating based on individual unemployability due to service-connected disabilities.

The veteran's claim for an initial compensable evaluation for residuals of a mouth injury was denied, as the evidence did not show that his disability manifested by greater disability than encompassed by a noncompensable evaluation in the year prior to December 1, 1990.

The Board denied the veteran's claim of entitlement to service connection for a skin disorder claimed as being due to Agent Orange exposure, finding that chloracne was not incurred in or aggravated by service and may not be presumed to have been incurred therein. The chronic skin disorder was also found not to be related to service.

The Board found that the veteran's service-connected subtotal gastric resection with post-operative residuals and small bowel obstruction is manifested by not more than moderate postgastrectomy syndrome, which does not meet the criteria for a higher rating. The claim for an increased rating was denied.

The Board denied the veteran's claims for service connection for the cause of death and eligibility for Dependents' Educational Assistance (DEA) under Chapter 35, as there was no evidence linking his heart disorder to service-connected malaria.

The Board found that the overpayment was validly created due to the veteran's failure to report a change in marital status, and granted the waiver of recovery.

The Board has determined that the veteran's current psychiatric disorder may be related to his acute psychotic reaction in January 1974, within one year of separation from service. However, a VA psychiatric examination is needed to determine if this relationship exists.

The Board found that the veteran's death was not caused by a disability related to his military service, and thus denied the claim for service connection for the cause of his death.

The veteran's appeal is remanded for a DRO hearing at the RO. The case will be returned to the Board if necessary.

The Board has determined that service connection is granted for temporomandibular joint syndrome. The claims of service connection for the residuals of right and left elbow injuries have been reopened, but no new or material evidence was provided to support these claims.

The VA denied an initial compensable rating for Osgood-Schlatter's disease of the bilateral knees, finding that the veteran's knee symptoms did not warrant a higher evaluation.

The Board has reopened the veteran's claim for service connection due to new and material evidence, but finds that he does not have a current disability attributable to mitral valve prolapse or sinus tachycardia incurred in service.

The Board has determined that the veteran's current back and right hip conditions are not related to service or a service-connected disability, and thus denied his claims for service connection.

The Board denied the veteran's claims for service connection for a personality disorder, an increased evaluation for hypertension, and entitlement to earlier effective dates for his impotency. The decision also noted that the veteran had received diagnoses of borderline personality disorder.