Other conditions decisions — 2004

The Board has dismissed the appeal due to the appellant's withdrawal of her appeal.

The Board has granted service connection for ALS, finding that the veteran's exposure to herbicides during his Vietnam-era service is presumed and links his current condition to this exposure.

The Board has denied the veteran's claims for service connection for a gunshot wound of the abdomen and shrapnel injuries to the head and lower extremities, finding that there is no evidence linking these conditions to his military service.

The veteran was granted a total rating for compensation based upon individual unemployability effective August 12, 2000. This decision is based on the fact that he met the schedular criteria and could not secure or follow substantially gainful employment due to service-connected disabilities.

The Board denied the appellant's claim for an effective date prior to July 18, 1995 for the grant of dependency and indemnity compensation based on clear and unmistakable error in a June 1999 rating decision. The appeal was dismissed as the finality of the June 1999 rating decision is established.

The Board denied the veteran's claim for service connection for residuals of a gunshot wound to the right thigh, finding that he was not on active duty when the injury occurred. The claim for evaluation of duodenal bulb deformity due to previous peptic ulcer disease is rated at 10 percent.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for Paget's disease, which was previously denied in December 1996. The evidence presented includes statements from the veteran and VA clinical records.

The Board granted an effective date of June 29, 2004 for the grant of SMC for loss of use of a creative organ due to azoospermia resulting from service-connected recurrent epididymitis. The veteran's claim for a higher rating for recurrent epididymitis remains pending.

The Board has denied the veteran's claim for service connection for residuals of a cerebrovascular accident, finding that there is no evidence linking his condition to his military service.

The Board found that the veteran's myelogenous leukemia was not incurred in or aggravated by service, nor may it be presumed to have been incurred in service. The claim for secondary service connection based on radiation exposure was denied.

The Board has granted a partial waiver of an overpayment of $2,723.84 from the original amount of $5,447.67 due to the veteran's incarceration and retroactive benefits received.

The VA determined that the veteran's service-connected varicose veins of the right lower leg do not meet the criteria for a higher rating, as they do not present with persistent edema or pigmentation changes.

The Board found that the veteran's colon disease, including diverticulosis and diverticulitis, was not incurred in or aggravated by military service. The Court of Appeals for Veteran Claims (Court) held that a malignant colon tumor could not be presumed to have been incurred therein. Additionally, the Board concluded that the veteran's current colon disorder is not due to or the result of his service-connected hemorrhoids.

The Board has remanded the case for further development due to inadequate reasons and bases in the previous decision, including failure to comply with VCAA requirements.

The Board found no new and material evidence to reopen the veteran's claim for service connection, but determined that she does not currently have post traumatic stress disorder.

The Board has remanded the case to obtain additional information regarding the veteran's exposure to ionizing radiation and its potential connection to his multinodular goiter and parotitis. The claims for service connection will be evaluated based on new evidence.

The Board found that the evidence submitted since the previous denial was not new and material, thus denying the veteran's petition to reopen his claim for service connection for Reiter's syndrome.

The veteran's appeal is remanded for additional development, including obtaining medical records and a VA examination to assess the severity of her service-connected stress reactions of the bones of the lower extremities.

The veteran's claim for an increased rating for his service-connected post-operative herniated nucleus pulposus at L4-5 is being remanded due to the need for additional medical examination and consideration of recent regulatory amendments.

The Board denied an increased rating for the veteran's service-connected right testicle hydrocele, finding no evidence of voiding or renal dysfunction.