Other conditions decisions — 2003

The veteran's appeal is being remanded due to the need for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The Board has found a preponderance of the evidence supports service connection for the veteran's prolapsed bladder and urinary stress incontinence, which is secondary to her service-connected hysterectomy and salpingo-oophorectomy. The issue of entitlement under 38 U.S.C.A. § 1151 remains moot due to the grant of service connection.

The Board found that the appellant did not have qualifying service for VA benefits and denied his claim.

The veteran's death was determined to be due to abdominal cancer, which the Board found to have been incurred during service. The appellant is therefore eligible for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.

The Board has denied the veteran's claims for increased ratings for his right and left ankle disabilities, as well as a TDIU. The decision is based on the lack of evidence showing service connection for any chronic sleep disorder.

The Board has ordered further development due to pending issues and requested evidence. The case is now remanded for additional development at the RO level.

The veteran withdrew his appeal, leaving no justiciable case or controversy for the Board to consider.

The Board denied the veteran's claim for an increased rating for her service-connected right foot condition, finding that there was no new and material evidence to reopen the claim.

The veteran's claims for residuals of malaria and status post liver transplant are denied as there is no evidence linking these conditions to service or exposure to herbicides.

The Board denied the veteran's claim for service connection of a left eye condition, finding that new and material evidence had not been submitted.

The Board denied the veteran's request to waive recovery of an overpayment of improved pension benefits, finding that recovery would not be against equity and good conscience due to the veteran's income exceeding the maximum applicable income limit.

The Board found that the veteran's cause of death, metastatic colon cancer, was not service-connected and denied dependency and indemnity compensation benefits.

The Board determined that the veteran's low back disability, characterized by traumatic arthritis and a fracture of the transverse process of L4 vertebra, does not warrant an evaluation in excess of 20 percent.

The Board denied the veteran's claims for service connection for bladder neck hypertrophy and increased ratings for brachial plexopathy with myofascial pain syndrome on both sides, as well as a compensable evaluation for ulcer disease with hiatal hernia. The evidence did not support these claims.

The Board denied service connection for cicatrix of the right axilla, finding that it preexisted service and was not aggravated by service.

The Board denied the veteran's claim of reopening his service connection for a nervous disorder, finding that new and material evidence had not been submitted.

The veteran's skin disability is found to be related to his military service, and thus service connection is granted.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for the cause of the veteran's death. The case is now remanded for further development.

The Board has determined that the cause of the veteran's death, metastatic adenocarcinoma of unknown primary site, was not caused or contributed to by any service-connected disability. The Board also found no evidence linking this cancer to military service exposure to ionizing radiation or asbestos.

The Board found no evidence of a chronic respiratory disorder in service or for many years thereafter, and denied the veteran's claim for service connection.