Other conditions decisions — 2004

The Board found that the veteran's receipt of Social Security Administration (SSA) disability benefits constituted countable income for determining his VA non-service-connected disability pension, leading to a reduction in his benefits. The appeal is denied as the reduction was proper.

The Board has granted service connection for residuals of a cold injury, right hand. The claims to reopen for cervical spine disorder, shoulder disorder, right groin pain, and arthritis have been reopened based on new evidence provided by the veteran.

The veteran is seeking service connection for bilateral hip disability. The RO has not obtained all relevant service records and needs to review the case again after obtaining any additional information or evidence.

The Board found that the veteran's current sinusitis and dental problems are not related to her salivary gland surgery in 1989, and thus denied compensation under 38 U.S.C.A. § 1151.

The veteran's claim for an increased rating for chronic tonsillitis is being remanded due to incomplete examination results and the need for VCAA notification.

The Board has remanded the case to the RO for additional development, including obtaining medical records and providing a VA examination to determine if the appellant is in need of regular aid and attendance. The appeal will be re-adjudicated after this additional development.

The Board found that the veteran does not have a stomach disorder or umbilical growth attributable to military service and denied his claims for service connection.

The Board found that the overpayment of disability compensation benefits in the amount of $1,968 was improperly created due to VA administrative error.

The appellant's claim for basic legal entitlement to VA death pension benefits was denied because the veteran did not have qualifying service for such benefits.

The Board has remanded the case for further development, including a request to have the veteran's claims file referred to an appropriate VA physician to determine if the esophageal cancer was caused by Agent Orange exposure.

The Board denied the appellant's petition to reopen her claim, finding that no new and material evidence had been submitted since the July 1997 denial of her original claim. The appeal was not about service connection at all.

The Board has remanded the case for further actions, including a VA eye examination and compliance with VCAA requirements.

The Board denied the veteran's requests for waivers of overpayment in two separate amounts, $4,572 and $2,977. The decision found that the overpayments were valid and not due to fraud or bad faith.

The Board has denied the veteran's claims for increased ratings for his service-connected right leg disabilities, finding that the current evaluations adequately compensate him for his conditions.

The Board has denied the veteran's claim for service connection for mitral valve prolapse as there is no current disability due to this condition.

The Board denied the application to reopen a previously denied claim of service connection for residuals of a jaw fracture, and also denied claims for increased disability evaluations for right forearm injury and resolved duodenal ulcer.

The Board has granted a separate 10 percent rating for post-traumatic neuralgia of the left chest, which is a neurological manifestation of the veteran's service-connected residuals of a stab wound to the left lateral chest.

The veteran is seeking disability compensation for myocardial infarction residuals, and the appeal is being remanded to obtain a medical opinion regarding whether VA's decision to delay coronary surgery in June 1994 caused or aggravated his condition.

The Board denied the veteran's claim for service connection for pleurisy, finding no current evidence of the disorder and noting that the absence of current disability is a crucial element in the claim. The veteran was not provided with adequate notice regarding his need to provide medical evidence of current disability.

The Board found no evidence of peptic ulcer disease or hiatal hernia in service, and the veteran's current conditions are not related to his service-connected PTSD or exposure to Agent Orange. The Board denied service connection for these conditions.