Other conditions decisions — 2004

The Board denied the veteran's petition to reopen his previously denied claim for service connection for an eye condition, finding that no new and material evidence had been submitted since the July 1948 decision.

The veteran seeks service connection for a disability characterized by bilateral essential tremors of the hands. The Board has determined that additional development is required to determine if any underlying psychological condition may be related to his service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the nature of his memory loss.

The Board has denied the veteran's claims of service connection for colitis and hiatal hernia as new and material evidence was not submitted to reopen these claims. The claim for residuals of food poisoning is also denied.

The Board found that the veteran's unreimbursed medical expense information for calendar year 2000 was timely filed, allowing him to proceed with his pension benefits calculation.

The Board found no evidence linking the veteran's service to his cause of death, which was Alzheimer's disease. The Board denied service connection for the cause of death.

The Board denied the reduction of the appellant's service-connected compensation from August 16, 1999 to May 17, 2000 due to incarceration for felony convictions.

The Board found no evidence linking the veteran's fatal small cell carcinoma of the lung to his active military service or any exposure to asbestos during service. The claim for service connection was denied.

The veteran's claim for an increased evaluation of non-Hodgkin's B cell lymphoma was denied. Service connection for polycythemia vera as secondary to service-connected NHL and peripheral neuropathy as secondary to service-connected NHL were both granted.

The Board has determined that the veteran's current symptoms of fecal incontinence are related to his service-connected anal fistula removal, and thus warrants a 60 percent rating.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that a valid divorce decree between the veteran and his first wife was not submitted.

The veteran's appeal regarding the creation of an overpayment of education benefits is being remanded for further action.

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no evidence linking his liver cancer to his military service.,The appellant's claim for nonservice-connected death pension benefits was also denied as her husband served during peacetime and did not have a service-connected disability at the time of his death.

The Board denied the appellant's claim for an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because he had already exceeded his 31st birthday when he applied.

The VA Medical Center denied the veteran's claim for reimbursement or payment by VA for unauthorized medical treatment provided on October 8, 2002.

The appeal is being remanded for further development at the RO level.

The veteran's failure to report his spouse's Social Security and earned income resulted in an overpayment of improved disability pension benefits. The Board found bad faith on the part of the veteran, thus denying waiver of recovery.

The Board has remanded the case for further development due to a lack of an opinion regarding whether the veteran's sleep disorder is service onset and the significance of certain examination notations.

The Board denied the veteran's claim for service connection for a benign chromophobe adenoma of the pituitary gland, as it was determined that there was no evidence linking this condition to his military service or ionizing radiation exposure.

The VA denied the veteran's claim for an increased rating for his service-connected hiatal hernia and peptic ulcer disease, currently evaluated as 10 percent disabling.