Other conditions decisions — 2003

The Board denied the appellant's claim for an apportionment of the veteran's VA benefits prior to October 3, 1994 due to lack of entitlement based on the facts found.

The veteran's appeal is about the evaluation of his service-connected psychophysiologic gastrointestinal disorder with duodenal ulcer disease. The Board has ordered further development to obtain complete treatment records from identified physicians and to readjudicate the issue.

The veteran's claim for an initial compensable disability rating for herpes is being remanded due to the need for additional medical records and examination.

The Board has ordered further development due to pending issues and the need for a peripheral vascular examination. The case is now remanded back to the RO for additional development.

The Board has ordered further development in the veteran's case, including a VA medical examination to assess his service-connected hypertension and any new conditions such as urinary incontinence or impotence. The decision is pending further review.

The appellant is not recognized as the surviving spouse of the veteran for VA purposes due to her divorce from the veteran in 1970 and subsequent remarriage.

The veteran's claims for an increased evaluation and a TDIU related to his service-connected compression fracture of T11 and T12 are being remanded due to the need for additional development, including obtaining medical records and arranging for examinations.

The Board has denied the veteran's claim for an increased rating for dermatophytosis of the feet, currently rated at 10 percent. The appeal is based on the current evaluation and not about service connection.

The Board has determined that the appellant cannot be recognized as the veteran's surviving spouse for VA death benefit purposes due to a final divorce judgment between them.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $1,862 due to it not being timely filed.

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 a copy of a urological evaluation from the VA medical facility in Boston.

The Board has determined that the veteran's spastic colon is not service-connected, as it was not shown during active service or for many years following separation. The evidence does not establish a link between the current condition and service-connected residuals of a hernioplasty and hydrocele repair.

The Board of Veterans' Appeals has determined that the appellant does not meet the eligibility criteria for nonservice-connected pension benefits due to a lack of active military service.

The Board has granted service connection for degenerative joint disease of the right hip, finding that it was aggravated by the veteran's service-connected degenerative joint disease of the left knee.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for pulmonary emboli due to thrombophlebitis, claimed as a result of VA medical treatment in July 1999 and November 2000. The case is being remanded for further development including obtaining all relevant VA medical records and scheduling the veteran for a VA examination.

The Board dismissed the appeal due to the appellant's death, and thus had no jurisdiction to adjudicate the merits of her claims.

The Board denied the veteran's claim for an increased rating for his service-connected abdominal cicatrix, finding that it no longer exists and was excised during a cholecystectomy in 1994. The veteran's scar is currently rated as 0% disabling.

The Board has denied the veteran's claim for DIC under the provisions of 38 U.S.C.A. � 1318 due to insufficient evidence.

The Board denied the veteran's claim for an initial compensable evaluation for residuals of syphilis, finding no current manifestations of the condition and concluding that any existing disabilities are not related to service-connected syphilis.

The Board found no evidence of a current disability of the left chest and concluded that it was not incurred in service. The issue regarding degenerative joint disease of both knees will be addressed in the Remand section.