Other conditions decisions — 2004

The Board has granted service connection for hiatal hernia and assigned an initial disability rating of 10 percent. The veteran is seeking a higher initial rating.

The Board found that the veteran's claimed conditions of muscle and joint pain, insomnia, and fatigue are not supported by objective indications of a chronic disability affecting these systems. The preponderance of evidence is against his claims for service connection.

The Board has remanded the case due to incomplete development of evidence regarding exposure to ionizing radiation and other toxic substances during service, which may be required for a determination on the claim.

The Board has granted an effective date of September 29, 1997 for the veteran's service-connected disability. The veteran was previously denied a higher rating in July 1983 and his claim for increase was received shortly after a private examination on September 10, 1997.

The Board denied an increased rating for the service-connected diplopia of the left eye, finding that the veteran's current level of disability did not warrant a higher evaluation.

The Board has determined that the veteran's fatigue is due to toxin exposure during active service in Southwest Asia, and his respiratory disorder is related to Gulf War Service.

The Board has reopened the veteran's claim for service connection for spondylolysis and spondylolisthesis of the lumbosacral spine, finding new and material evidence to support his claim.

The Board found that the veteran does not have a chronic acquired right foot disorder related to service and denied his claim for service connection. The same was true for his claim of chronic sinus infections.

The veteran's overpayment of improved pension benefits is being remanded for further action due to the need for updated financial information and clarification on representation.

The veteran's appeal is remanded due to the need for a current VA examination and additional development of his claims file.

The Board has received notification from the appellant that they wish to withdraw their appeal, leading to its dismissal.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for a right leg disability, which is now granted. The veteran's current diagnosis of Paget's disease is found to be related to an injury during his military service.

The Board denied the veteran's claims for service connection for varicose veins, and denied his requests for increased ratings for right ankle arthritis and left knee strain.

The Board has determined that the apportionment of the veteran's disability compensation is proper, and thus grants the claim.

The Board has determined that the veteran's residuals of a gunshot wound to the left thigh and knee with patellectomy meet the criteria for a 40 percent evaluation.

The appellant is not eligible for nonservice-connected death pension benefits due to the absence of service department certification. The claim for accrued benefits was filed within one year after the veteran's death, but the appellant did not receive proper notification regarding the requirement to file a timely application.

The veteran's appeal is being remanded for additional medical records and a VA examination to determine the severity of his service-connected discoid lupus erythematosus.

The Board denied the veteran's request to reopen his claim for service connection of schizoaffective disorder, finding that new and material evidence was not submitted.

The VA has determined that new and material evidence was not received to reopen the claim for service connection for the cause of the veteran's death. The appellant presented medical records from after her husband's separation from service, but these did not relate directly to his period of active duty.

The veteran's claims for service connection for lung disability, bilateral arm disability, and bilateral leg disability, all claimed as secondary to ionizing radiation exposure, are being remanded due to the need for additional medical records.