Other conditions decisions — 2004

The Board has reopened the veteran's claim for service connection due to new and material evidence, but finds that traumatic brain disease was not incurred in service.

The veteran's claim for an increased evaluation for the residuals of fractures of multiple fingers of the left hand is being remanded due to VCAA compliance issues.

The Board has determined that the appellant's bilateral hip dysplasia and left groin pain and muscle strain were aggravated by military service, warranting service connection. However, her claim for an initial compensable rating for left groin pain and muscle strain is denied.

The Board has determined that neither Reiter's syndrome nor any other chronic foot pathology was present in service or manifested within one year of the veteran's discharge from service, and is not etiologically related to service. Therefore, service connection for these conditions is denied.

The Board has remanded the case for further action on claims of clear and unmistakable error in prior rating decisions, as well as the DIC claim under section 1318. The issues are intertwined and must be resolved before further appellate action can be taken.

The appeal is being remanded for additional development and adjudicative action.

The veteran's claim for a total rating for compensation based on individual unemployability is being remanded due to the need for additional development and adjudication.

The Board has determined that the appellant cannot be recognized as the veteran's surviving spouse for VA death benefits due to their divorce at the time of the veteran's death.

The veteran's appeal of the assigned rating for his respiratory disorder continues, and the case is remanded due to a need for pulmonary function testing.

The Board found that the veteran's current respiratory disorder was not incurred in service and is not related to her active duty. The preponderance of evidence indicates that it developed due to other factors, including smoking.

The Board denied a compensable evaluation for malaria, finding that the veteran does not have active or residual malaria.

The Board denied the veteran's petition to reopen his previously denied claim for service connection for residuals of a gunshot wound to the left thigh due to lack of new and material evidence.

The Board has decided to remand the case for additional development and adjudication due to failure to provide proper VCAA notice.

The Board determined that the appellant does not meet the criteria for basic eligibility for VA home loan guaranty benefits due to his service in the Army Reserve being less than 6 years, as he was discharged before completing this requirement.

The Board found that the veteran's ulcerative colitis did not become manifest during service and is not shown to be related to service. The right leg and left great toe conditions are also denied as there is no evidence of a current disability or a link between service and these conditions.

The veteran is appealing the effective date for a total disability compensation rating based on individual unemployability (TDIU) from August 2, 1993. The case has been remanded to ensure compliance with VCAA requirements and to obtain any relevant SSA records.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA pension benefits in the amount of $10,384.00 due to his intentional failure to report his wife's Social Security Administration (SSA) income, which resulted in a loss to the government.

The Board has remanded the case due to incomplete records and the need for additional development, including obtaining VA treatment and medication records from 1973 to 1978. The appellant must submit any relevant evidence that cancer predates August 1997.

The Board denied the claim as there is no evidence of spina bifida in the child, and thus the veteran's exposure to herbicides does not qualify for benefits under 38 U.S.C.A. § 1805.

The Board has remanded the case due to the veteran's withdrawal of his appeal for service connection for multiple myelomas as the result of exposure to Agent Orange and jungle rot, and for a higher initial evaluation for bilateral tinnitus. The hearing loss disability remains at a 10 percent rating.