Other conditions decisions — 2004

The Board found that the reduction in disability compensation from March 6, 1998 due to incarceration was proper.

The Board found no evidence to support the veteran's claim that his current right eye disability was incurred during service, and denied the claim.

The Board determined that a higher rating for the veteran's bilateral inguinal hernias is not warranted, as there are no left-sided symptoms and the right-sided hernia does not require reduction by or support of a truss or belt.

The Board denied the veteran's claims for an increased evaluation for blepharitis and to reopen his claim of service connection for retinal tears. The denial was based on a lack of evidence linking the disabilities to service.

The Board has determined that the appellant is competent to manage his own financial affairs and grants restoration of competency status for VA benefit purposes.

The Board has determined that additional development is needed to properly evaluate the veteran's left thumb strain, including a review of Diagnostic Codes and an examination.

The veteran's appeal was denied as he did not have qualifying wartime service to be eligible for nonservice-connected pension benefits.

The veteran's claim for a higher rating for his service-connected pleural plethysmography is being remanded due to the need for compliance with VCAA notice and assistance requirements. The VA also needs to obtain SSA records related to the veteran's disability benefits.

The veteran's disability compensation benefits were reduced to half-dollar rate due to his travel outside the United States, and then restored upon his return. The full-dollar rate was not applicable as he did not meet the residency requirements.

The Board has reopened the veteran's claim of entitlement to service connection for an ulcer disorder due to new and material evidence submitted since the May 1990 rating decision. However, the matter is remanded for additional development.

The Board has granted service connection for nerve damage, secondary to the veteran's service-connected residuals of a left great toe fracture. The claim for restoration of a 20 percent rating for the veteran's service-connected residuals of a left great toe fracture is being remanded.

The veteran's claim for compensation benefits for cardiovascular disability due to VA medical treatment in November 1987 is being remanded for additional development, including obtaining medical records and conducting a VA examination.

The Board denied service connection for a right hip disorder as secondary to service-connected chondromalacia of the left patella with degenerative joint disease.

The Board found that the appellant's notice of disagreement with her denial for death pension benefits was not timely filed, and thus lacked jurisdiction to address the issue.

The Board of Veterans' Appeals (BVA) denied the veteran's request for an earlier effective date for adding his current spouse as a dependent to his compensation award. The BVA found that the earliest possible effective date was March 1, 2003, based on the notification received by VA in February 4, 2003.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of entitlement to service connection for arthritis, which was previously denied in July 1972. The veteran is seeking service connection for arthritis.

The Board denied compensation benefits for disability of the left eye under 38 U.S.C.A. § 1151 due to lack of evidence showing negligence or fault on the part of VA in providing cataract surgery.

The Board found that the veteran's nasal septal deformity existed prior to service and was not aggravated by service. The Board also determined there is no evidence of a separate inservice injury resulting in chronic disability.

The Board found that varicose veins of the right lower extremity were not incurred or aggravated during military service and denied the claim.

The Board found that the apportionment of the veteran's compensation benefits greater than $117.00 from December 7, 1999 to February 1, 2001 on behalf of his former spouse was proper and did not cause undue hardship for him.