Other conditions decisions — 2004

The veteran's areflexic bladder disability, which was present prior to the February 1993 phenol injections, is rated at a noncompensable level due to the increase in frequency of catheterizations after the injection. The current degree of disability does not warrant a higher evaluation.

The Board denied the veteran's claims for service connection for residuals of back and neck injuries and temporomandibular joint syndrome, finding that there was no evidence showing a current disability related to her military service. The veteran's headaches were rated at 30 percent disabling.

The veteran's appeal for an increased rating for her service-connected cholelithiasis, status post cholecystectomy, sphincteroplasty, reflux gastritis and esophagitis, hiatal hernia was denied by the RO. The RO granted a separate rating of 10 percent for hiatal hernia as secondary to the service-connected condition.

The Committee on Waivers and Compromises denied the appellant's waiver of recovery of an overpayment of non-service-connected pension benefits in July 2001, finding bad faith on the part of the appellant.

The Board found that the veteran's claimed episodes of chronic diarrhea were not objectively verified and did not meet the criteria for service connection due to an undiagnosed illness.

The veteran is seeking special monthly compensation on account of loss of use of the left foot. The case has been remanded for additional development, including a comprehensive examination to determine the extent of his disability and whether it amounts to loss of use.

The Board has remanded the case due to procedural deficiencies and the need for additional development, including obtaining medical records and arranging for a VA psychiatric examination.

The Board denied the veteran's claims for service connection for bilateral macular degeneration, bilateral mild cataracts, and a choroidal nevus of the left eye. The evidence did not show in-service manifestations or treatment related to these conditions, and no medical opinion linked them to active service.

The veteran is seeking an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU). The case has been remanded due to procedural deficiencies in notification and development under the Veterans Claims Assistance Act of 2000.

The Board has remanded the case due to inadequate notification of the VCAA and the need for a medical examination or opinion regarding whether the veteran's right toe injury residuals are related to VA care, treatment, or examination.

The Board denied service connection for the veteran's claimed conditions, including a tooth and gum condition, leg cramps, tingling in the hands, fingers, feet, and toes, and frequent urination. The appeal is based on presumed exposure to Gulf War illness but no specific evidence of such was provided.

The Board determined that the veteran's request for waiver of overpayment was not timely filed, and therefore denied his claim.

The Board found that the veteran's death from myocardial infarction was not caused by or related to his service-connected PTSD, and thus denied the claim for service connection for cause of the veteran's death.

The Board denied the veteran's claim for service connection for a heart valve problem, finding no current disability and thus failing to meet the necessary condition for secondary service connection.

The Board denied the veteran's petition to reopen his claim of entitlement to service connection for left eye injury residuals, finding that no new and material evidence had been submitted.

The Board has determined that the appellant's request for waiver of recovery of an overpayment of death pension benefits was not timely filed, and thus remanded to the RO for further action.

The Board denied the veteran's claim for DIC under 38 U.S.C.A. § 1318 because he was not in actual receipt of or entitled to receive compensation at a total disability rating for 10 consecutive years prior to his death, as required by the law.

The veteran's estranged spouse is contesting the decision denying increased special apportionment of the veteran's disability compensation benefits. The appeal involves a 'simultaneously contested claim' and requires additional development, including obtaining updated financial information from both the appellant and the veteran.

The Board has remanded the case due to further development and clarification needed, including compliance with VCAA requirements.

The Board has granted the veteran's claim for service connection for leukemia, finding that new and material evidence supports reopening of his previously denied claim.