Other conditions decisions — 2003

The Board has reopened the claims of service connection for the cause of the veteran's death and entitlement to Dependents' Educational Assistance under 38 U.S.C. Chapter 35, finding new and material evidence in support of these claims.

The Board denied the veteran's claim of service connection for a brain tumor as secondary to nasal radium treatment for his service-connected sinusitis.

The May 1982 rating decision denying service connection for organic brain syndrome was upheld as supported by the evidence and correctly applied the applicable legal criteria.

The Board has determined that the veteran's Dupuytren's contracture of the left hand is not related to his service and denied the claim for service connection.

The Board has ordered further development due to the need for additional service medical records. The case will be returned to the RO for this purpose and then reviewed again.

The Board has determined that the appellant is entitled to a waiver of her overpayment of VA death pension benefits, as recovery would not be against equity and good conscience.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for a pulmonary examination and other necessary actions.

The Board found that the appellant was not legally married to the veteran at the time of his death, and thus did not meet the legal requirements for recognition as a surviving spouse for VA death benefits.

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no evidence linking his lung disease to service or the immediate cause of death.

The Board has determined that the veteran's disability manifested by blackouts and abnormal blood pressure are proximately due to or the result of his service-connected dysthymia with PTSD, warranting secondary service connection.

The Board denied an increased disability evaluation for service-connected anatomical loss of the right eye, currently rated at 40 percent.

The veteran's waiver request for an overpayment of $3,486 was denied because his failure to notify VA of his divorce until five years after the event constituted bad faith.

The Board denied service connection for the cause of the veteran's death due to a lack of evidence linking his fatal colon cancer to service, including exposure to Agent Orange. The appellant argued that the veteran developed ulcerative colitis during service and this led to his cancer, but no medical evidence supported this claim.

The Board finds that the veteran's additional disability of reflex sympathetic dystrophy and cocked-up hallux deformity of the right great toe resulted from VA hospitalization or medical treatment in July 1999, and grants compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for further development, including obtaining additional medical records and providing etiology opinions regarding a skin disorder. The veteran's claim for service connection is pending.

The Board found that the veteran's restrictive ventilatory defect did not meet the criteria for a rating in excess of 10 percent from June 1, 1992 to March 15, 1999. The condition was rated at 30 percent during this period.

The veteran is seeking compensation benefits for neurological deficits of the right elbow under the provisions of 38 U.S.C.A. § 1151, but his claim has been remanded due to additional development required by the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has ordered further development due to pending issues regarding the veteran's right foot disorder, including residuals of contusion and a skin mass. The case is now remanded for additional examination and review.

The Board has remanded the case for further development and readjudication due to procedural issues, including failure to provide a proper VCAA notice.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional audiometric testing.