Other conditions decisions — 2003

The veteran's claim for non-service-connected pension benefits was denied as he did not meet the service requirements for basic eligibility.

The Board has granted service connection for squamous cell carcinoma of the right main stem bronchus, status post left pneumonectomy and assigned a zero percent evaluation. The veteran is seeking a higher rating.

The veteran's claim for nonservice-connected pension benefits was denied due to his disability from gunshot wound injuries being the result of his own willful misconduct. The case is now remanded for further consideration.

The Board has denied the veteran's claim for an increased rating for his right knee disability and granted service connection for a disability manifested by chest pain. The case is being returned to the RO for additional development of records.

The VA determined that the veteran's right sacroiliac myofascial pain syndrome with degenerative joint disease does not warrant a rating higher than 20 percent.

The veteran's request for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $11,927 was found to be timely filed.

The Board has remanded the case due to incomplete development and requests additional medical evidence, including a VA pulmonary examination.

The veteran's claim for service connection for a left eye disorder is being remanded due to the invalidation of a regulation that allowed additional development by the Board.

The veteran's appeal is being remanded for additional development due to the need to comply with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has granted the veteran's claim for service connection for residuals of a back injury, finding that it is at least as likely as not related to his active military service.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for DIC under 38 U.S.C.A. § 1318.

The Board found that the veteran's right upper extremity weakness, basal cell carcinoma of the skin, and respiratory disorder were not incurred or aggravated by service. The exposure to ionizing radiation is also denied.

The Board has granted service connection for alopecia areata (claimed as hair loss) and found that the veteran's current skin disorder is related to his Persian Gulf War service.

The veteran's claims for compensable evaluations for his right hand conditions were denied. The RO found that the residuals of fractures to the second through fifth fingers and injury to the thumb did not meet the criteria for a compensable evaluation.

The Board has remanded the case to address whether the attorney's eligibility to charge a fee for services rendered in connection with representation of the veteran in his claim is met.

The Board found that the veteran's service-connected herpes is manifested by monthly flare-ups affecting the mouth, face, and scalp but without objective evidence of lesions or treatment. Therefore, a compensable evaluation was denied.

The Board denied the veteran's claims for an increased rating for ureteral calculus and service connection for loss of teeth, finding that her condition did not meet the criteria for a higher evaluation.

The veteran's appeal for an increased rating for her pelvic fracture disability was denied, and she is not entitled to a total disability rating based on individual unemployability due to her service-connected disabilities.

The Board of Veterans' Appeals has determined that the veteran's essential tremor is causally related to a traumatic injury in service, and therefore grants service connection for this condition.

The case is being remanded to the RO for additional development and notification, including ensuring all necessary VCAA notifications are provided.