Other conditions decisions — 2004

The VA treatment in September and October 1990 did not result in any additional disability, and the veteran's current conditions are attributed to his prostate cancer.

The veteran's hiatal hernia was rated at 10 percent from August 21, 1997 to October 26, 2001.,Since October 27, 2001, the veteran's hiatal hernia has been rated at 30 percent.

The Board found that the cause of the veteran's death, glioblastoma multiforme, was unrelated to his service-connected encephalopathy. The Board denied the claim as the service-connected disability did not contribute substantially or materially to the cause of death.

The Board found that nerve damage, bilateral hands, was not incurred in or related to the veteran's service. The claim for service connection is denied.

The Board has determined that the veteran's residuals, fracture of right carpal navicular bone do not warrant a rating in excess of 10 percent.

The veteran's appeal is being remanded for additional development due to new medical records submitted after the most recent Supplemental Statement of the Case.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for an incisional hernia resulting from coronary artery bypass surgery in September 1996.

The appellant disagrees with the RO's decision regarding her claims for service connection for the cause of the veteran's death and burial benefits. The case is being remanded to issue a statement of the case on these issues.

The veteran's claim for an increased disability rating for spondylolisthesis, L5-S1, with spondylosis is being remanded due to the need for additional development and consideration of new regulations.

The VA has determined that the veteran's initial compensable evaluations for residuals of trauma to the right index finger and laceration residuals of the right middle finger are denied as there is no evidence showing more than noncompensable disability.

The Board has remanded the case for additional development, including obtaining medical records and clarifying the veteran's claims.

The veteran's claim for special monthly pension based on the need for aid and attendance of another person or on account of being housebound is remanded due to the need for additional medical examinations, updated treatment records, and notification under the Veterans Claims Assistance Act of 2000.

The veteran is seeking financial assistance for specially adapted housing due to service-connected disabilities. However, the claim cannot be fully adjudicated without determining if there is a loss of use in one lower extremity.

The Board determined that the appellant's deceased spouse did not have valid service in the Armed Forces of the United States, and therefore she is not eligible for VA death benefits.

The Board found that the veteran's spouse is not helpless enough to require regular aid and attendance, thus denying her claim for special monthly compensation based on need for regular aid and attendance.

The Board has remanded the case for further development and reconsideration of whether the overpayment of disability compensation benefits was properly created.

The VA determined that the appellant's award of DIC benefits under the provisions of 38 U.S.C.A. § 1151 was subject to offset in the amount of the Compromise Settlement of $75,000.00 due to her entering into the settlement agreement as a personal representative of the veteran's estate.

The Board denied the appellant's claim for an increased rating for his left eye disability, finding that the current evaluation of 30 percent is appropriate given the evidence showing only light perception in one eye and 20/30 vision in the other.

The Board found that the appellant's right elbow disability, manifested by pain and stiffness but without deformity or limitation of motion, does not warrant a rating greater than 10 percent. The appeal is denied.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service, as determined by the service department.