Other conditions decisions — 2003

The veteran's claims for increased ratings were granted, with a 10% rating assigned effective March 5, 2003, for residuals of the left hand laceration and a separate 10% rating for nerve damage to the left index finger. The claim for an increase in the disability rating for the stress fracture of the left third metatarsal was denied.

The veteran's claim for an increased evaluation for intervertebral disc syndrome was denied by the RO. The case is being remanded to obtain additional evidence and ensure full compliance with directives.

The Board has ordered further development due to pending issues regarding service connection for dysphagia and a compensable disability rating for the gunshot wound to the chest. The case is being remanded back to the RO for additional examination and evaluation.

The Board found that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for a right eye condition.

The VA denied the veteran's claim for reimbursement or payment of unauthorized medical treatment provided on June 16, 2001.

The Board denied the veteran's request for a waiver to recover an overpayment of $16,324 in pension benefits due to bad faith in not accurately reporting his income from Social Security.

The Board has ordered further development due to the need for additional evidence. The case is now being remanded to the RO for specific actions, including obtaining medical records and arranging an examination.

The Board has denied the veteran's claims for service connection and a compensable rating for his postoperative residuals of bilateral inguinal herniorrhaphies, including surgical scars. The case is being remanded to obtain additional medical records and provide further examination.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA death benefits, finding no new and material evidence had been submitted since the previous denial.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the RO for the requested development, including obtaining medical records from the VA Medical Center in Louisville, Kentucky, and arranging for a physician's examination to determine the etiology of the veteran's ventral incisional hernia.

The veteran's request for special monthly compensation based on the need for regular aid and attendance of another person or based on housebound status is being remanded to allow for a hearing before a member of the Board sitting at the RO.

The case is being remanded to ensure due process and the appellant is notified of the evidence needed to substantiate his claim.

The veteran's claim for service connection for a nervous condition has been reopened, but additional development is needed due to the failure to attend a hearing and because of incomplete medical records. The VA needs to obtain all relevant treatment records and conduct another examination to determine if his current psychiatric disability began during his active service.

The Board denied the veteran's application for service connection for residuals of pneumonia, finding no new and material evidence had been submitted to reopen his claim.

The Board found no CUE in the January 1961 decision that denied restoration of service connection for bilateral pes cavus, as the evidence did not show aggravation during service and the correct facts were known at the time.

The Board has remanded the case for further development due to changes in the law and rating criteria. The veteran's claims for service connection for fecal incontinence and increased ratings for his osteoarthritis with spondylosis lumbar paravertebral myositis and discogenic disease, as well as an evaluation in excess of 10 percent for neurogenic bladder prior to July 12, 1995, are now pending.

The Board has denied the veteran's claims for compensation under 38 U.S.C.A. � 1151 and service connection for cerebrovascular accident, claimed as secondary to PTSD. The case is being remanded due to failure to comply with VCAA requirements.

The Board found no evidence of a right inguinal hernia during active service and concluded that the current postoperative hernia is not related to service. Therefore, service connection for the right inguinal hernia was denied.

The Board denied the reopening of the claim for service connection due to a lack of new and material evidence, despite the submission of VA and non-VA treatment records.

The VA determined that the veteran's costochondritis, rated at 10 percent since January 27, 1998, does not warrant a higher rating based on the current evidence of record.