Other conditions decisions — 2004

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for hip and back injuries sustained in June 1996 following surgery at the Montgomery VA Medical Center. The case must be remanded to obtain additional treatment records, provide notification as required by the VCAA, schedule orthopedic and neurosurgical examinations, and review the claims file.

The case is being remanded for additional development to determine the appellant's need for aid and attendance, her housebound status, and any other relevant factors related to her claim for special monthly pension.

The Board found that the veteran's service-connected anxiety disorder does not meet or more nearly approximate the severity of occupational and social impairment needed for a higher rating, thus denying his claim for an increased evaluation.

The Board has decided that the veteran's claim of entitlement to service connection for a right thumb injury should be remanded due to the need for additional examination and development.

The veteran's claim for service connection for a right shoulder disability, claimed as arthritis, is being remanded due to procedural issues related to VCAA notification.

The Board has determined that the veteran's service-connected residuals of a cold injury, right and left hands do not warrant an increased rating. The RO granted increased ratings for his service-connected residuals of a cold injury, right and left feet to 20 percent each effective from September 24, 2001.

The Board found that the veteran did not meet the criteria for presumptive service connection based on former POW status and concluded that there was no evidence to support a finding of cause of death due to a service-connected disability. The claim was denied.

The veteran's claim for service connection for pseudophakic of the right eye was denied in March 1954 due to a preexisting condition. The claim was reopened and granted effective May 12, 1997.

The veteran's appeal is remanded due to the need for further development, including a VA examination and consideration of new evidence. The case will be returned to the Board after completion.

The Board has denied an increased rating for the veteran's service-connected costochondritis, finding that it does not meet the criteria for a higher disability rating.

The Board found that the veteran did not have spinal meningitis during service and denied his claim for residuals of spinal meningitis.

The Board denied the appellant's claims for service connection for colon cancer for accrued benefits purposes and for the cause of her husband's death, finding no evidence to support a causal relationship between the veteran's colon cancer and his military service.

The Board denied the veteran's claims of entitlement to service connection for squamous cell carcinoma (SCC) of the right side of the tongue and right floor of the mouth, a loss of sense of taste, and speech impairment. The Board found no competent evidence linking these conditions to his military service or exposure to herbicides.

The Board has remanded the case due to lack of recent VA treatment records and for a VA examination regarding the right foot disorder.

The veteran's application for reimbursement of educational assistance benefits was denied because the examinations were taken prior to the effective date of the program, and the claim was not filed within one year after the exams.

The Board has determined that the veteran's respiratory disability was not incurred in or related to his active duty service and therefore denied his claim for service connection.

The Board determined that the overpayment was not due to fraud, misrepresentation or bad faith and granted a waiver of recovery of $7,604 in VA improved pension benefits.

The veteran is seeking service connection for muscle and joint pain, including pain in the feet, due to an undiagnosed illness. The Board has remanded the case for additional development.

The Board denied the appellant's claim for recognition as a helpless child due to her marriage, which legally precluded her from receiving benefits. The decision is based on the fact that she was married in May 1985 and thus not considered permanently incapable of self-support prior to reaching age 18.

The Board denied an increased rating for bursitis of the right hip and service connection for arthritis of the right upper arm.,Service connection was not granted for an illness manifested by painful joints.