Other conditions decisions — 2004

The Board has remanded the case due to a lack of proper VCAA notice and for further development.

The VA denied the veteran's claim for payment or reimbursement of medical expenses incurred at a private facility in July 2000, as the treatment was not authorized and did not address an adjudicated service-connected disability.

The veteran's appeal is being remanded due to the need for further medical evaluation and opinion regarding his service-connected convulsive tics with dysthymia, including whether headaches are part of his disability.

The veteran's claim for an increased rating for his compression fracture, T-12 with traumatic arthritis is being remanded due to the need for additional development and notification.

The veteran's claims for service connection and an effective date prior to February 24, 1998, are being remanded due to the need for additional development of his medical records and a VA examination.

The Board denied service connection for the cause of the veteran's death and eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C.A. Chapter 35.

The Board denied the veteran's claim for service connection for residuals of right eye injury and did not address his claim to reopen the left foot injury. The decision also noted that the issue regarding residuals of a left foot injury is being remanded.

The Board has determined that additional development is necessary to fully consider the veteran's claim for service connection for post-traumatic stress disorder (PTSD). This includes obtaining medical records, verifying claimed stressors, and conducting a VA examination.

The Board found that the apportionment of $121.00 per month, which was paid to the veteran as dependency allowance for a spouse, was proper and did not cause undue hardship on him.

The Board denied the veteran's appeal because he did not file a timely substantive appeal within 60 days of receiving the Statement of the Case regarding his claim for CUE in the October 1948 rating action.

The veteran's lung disorder, right eye disorder and dental disorder are being remanded for further development as the service connection is not clear based on the provided information.

The Board has denied the veteran's request for a waiver of recovery of an overpayment of improved nonservice-connected disability pension benefits, finding that repayment would not be against the principles of equity and good conscience.

The Board found that the appellant's deep vein thrombosis was not incurred during or as a result of his active military service and denied the claim.

The Board denied the appellant's application for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code because his father is still alive and not in receipt of a permanent and total disability rating due to service-connected disability.

The veteran's claim for an increased initial disability rating for PTSD is being remanded due to the need for additional examination and consideration of all evidence.

The Board has remanded the case due to insufficient information regarding the veteran's exposure to ionizing radiation during service, and for additional development of his medical records.

The Board finds that the veteran's dementia and lung disorder are not related to his active service, including any potential secondary effects from Agent Orange exposure. The claim for service connection is denied.

The Board has denied the veteran's claims for increased disability evaluations for his shell fragment wound disabilities, finding that the evidence does not support an evaluation in excess of 40 percent for the right thigh condition and a rating in excess of 10 percent for the right pubic area condition.

The Board found that the veteran's right eye disorder did not originate in service and is not otherwise causally related to his military service.

The VA denied an increased evaluation for herpes simplex, currently rated at 10 percent.