Other conditions decisions — 2004

The Board found that the November 1971 decision denying service connection for nervous condition and duodenal ulcers was not clearly and unmistakably erroneous, as there were no findings of chronic disabilities in service or within one year following active duty. The RO correctly applied the applicable law and regulations.

The Board has reopened the claim for service connection for the cause of the veteran's death due to new and material evidence submitted, including a medical opinion linking the cause of death to exposure to Agent Orange during service. The claim is granted as presumptive service connection applies.

The veteran's claim for an effective date prior to January 4, 2001 for the grant of service connection for a gunshot wound to the left foot is being remanded due to incomplete notification and potential misfiled records.

The veteran's service did not qualify for the required wartime service to be eligible for nonservice-connected death pension benefits. The claim is denied.

The Board finds that the overpayment of VA pension benefits for the period from February 1, 2002, to May 31, 2002, was improperly created due to sole administrative error by the RO. The appellant's arguments contesting the validity of the debt are considered and found without merit.

The veteran's appeal is remanded due to incomplete information and the need for additional development, including obtaining Social Security Administration records.

The Board denied the veteran's claim for service connection for a left ear disorder, including perforation of the tympanic membrane, finding that there was no evidence linking his current condition to his military service.

The veteran's appeal is remanded due to uncertainty regarding the presence of residual disability from his bout of rhabdomyolysis. Further development, including obtaining medical records and an examination by a specialist, is needed to resolve this issue.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for HIV or compensation under 38 U.S.C.A. § 1151 for HIV, both of which were previously denied in June 1991.

The veteran's claim for an increased rating for his service-connected residuals of a fracture at T-12 with degenerative changes is being remanded due to the need for further examination and consideration.

The veteran's claim for a compensable rating for her service-connected pulmonary embolism residuals is being remanded due to the need for additional medical records and an examination.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any current respiratory disorder. The RO should also re-evaluate his claim for an increased initial rating for low back strain based on both old and new criteria.

The Board has remanded the case to the RO for additional development and consideration of the veteran's spouse's claim for an apportionment of his VA pension benefits in excess of $50.00 per month.

The Board has remanded the case for additional development, including obtaining the veteran's Vocational Rehabilitation folder and Army service medical records. The case will be reviewed again after these documents are obtained.

The Board denied the appellant's claim for non-service-connected pension benefits due to a lack of qualifying service as per VA regulations, and thus the appellant is not eligible for these benefits.

The Board found that the veteran's arthritis is at least as likely as not attributable to his experiences during World War II, and granted service connection for generalized arthritis.

The VA has determined that the veteran's HIV-related illness does not meet or approximate the criteria for a higher disability rating, as it does not present manifestations of recurrent opportunistic infections, secondary diseases afflicting multiple systems, or debilitating and progressive weight loss.

The veteran's claim for an increased rating for chronic urinary tract infections was denied as the condition is currently evaluated at 10 percent.,The veteran's claims for earlier effective dates for service connection and TDIU were also denied, with the Board finding that the criteria for a grant of a TDIU had not been met prior to April 2, 1989.,The veteran was previously granted a TDIU on June 2, 1986, but the effective date has been adjusted based on new evidence.

The Board has remanded the case for further development and consideration due to outstanding VA records and a need for an updated medical opinion.

The veteran's claim for service connection for a skin rash disability is being remanded due to incomplete testing and examination reports.