Other conditions decisions — 2004

The veteran's appeal is remanded due to the need for a thorough and contemporaneous examination of his current left leg disorder, as well as obtaining all relevant medical records.

The Board found no service connection for the cause of death, as there was no evidence linking the veteran's death to his service-connected disabilities. The claim is denied.

The Board dismissed the appeal as there remains no allegation of factual or legal error for appellate consideration, and the RO granted an effective date of December [redacted], 1984, for an award of dependency and indemnity compensation.

The Board granted a 10% evaluation for the veteran's left varicocele from April 18, 1980. The decision was based on evidence in the claims folder at that time.

The Board has determined that the veteran does not have a currently diagnosed respiratory disorder, sinus disorder, weight loss or visual impairment related to his service. The claims are therefore denied.

The veteran's claim for an increased rating of his retinitis of the left eye is being remanded due to a need for additional development and notification.

The veteran's claim for a waiver of recovery of an overpayment of VA disability pension benefits in the reduced amount of $2,000.00 is being remanded due to incomplete information and need for updated financial status.

The veteran's service-connected eye disability, characterized by chorioretinal atrophy of the eyes, is currently rated as 10 percent disabling. The evidence does not support a higher rating due to lack of impairment in visual acuity or loss of visual fields.

The VA determined that the veteran's service-connected bilateral otitis externa does not warrant a compensable evaluation, as there is no evidence of swelling, dry and scaly or serous discharge requiring frequent and prolonged treatment.

The Board denied the veteran's claim of service connection for a nervous disorder, finding that there was no error in the decision and that the correct facts were considered.

The Board has decided in favor of the veteran, granting service connection for post traumatic stress disorder.

The Board denied service connection for the cause of the veteran's death and denied entitlement to dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318 due to lack of evidence linking the esophageal cancer to his military service.

The Board has determined that service connection is warranted for a disability of the right great toe, as the evidence shows that the veteran underwent surgery to remove an ingrown toenail during service and currently experiences persistent symptoms.

The Board has determined that restoration of the 100 percent rating for non-Hodgkin's lymphoma is not warranted, and a rating in excess of 20 percent for residuals of a splenectomy is also denied.

The Board denied the veteran's claim for an earlier effective date for compensation under 38 U.S.C.A. § 1151, finding that there was no legal basis to assign an evaluation back to the time of his surgery in August 1991.

The Board has determined that the appellant can be recognized as the veteran's surviving spouse for VA benefits purposes due to her marriage being deemed valid under Philippine law.

The Board has ordered further development due to the need for additional evidence. The appeal is now remanded to the RO for the requested development.

The Board has remanded the case for scheduling an RO hearing and further development.

The Board has remanded the case to the RO for additional development, including notifying the appellant of a regulatory change and considering all submitted evidence. The claim will be reconsidered under these new circumstances.

The Board has determined that the veteran's Hodgkin's disease should have a 100% disability rating restored, effective March 1, 2002. The effective date for service connection of thoracic spine disability was also granted earlier than November 26, 1997.