Other conditions decisions — 2004

The veteran's service-connected psychoneurosis disorder is productive of anxiety, sleep disturbance, and occasional disfluent speech. The Board has determined that a 30 percent disability rating, but no higher, for the veteran's service-connected condition is warranted.

The Board has determined that the appellant's discharge for his period of active military service from August 3, 1967 to May 20, 1970 is under conditions other than honorable due to unauthorized absence without leave (AWOL) and thus constitutes a bar to VA benefits, including health care.

The Board found that the veteran's residuals of a stab wound to the left side of the neck warranted a 30 percent disability rating, effective August 30, 2002. The issue regarding an earlier effective date was also resolved in favor of the veteran.

The Board denied the veteran's claims for an increased rating for schistosomiasis, mansoni and service connection for bile gastritis as secondary to his service-connected schistosomiasis, mansoni.

The Board denied the veteran's claims for service connection for dental trauma and tooth loss, as well as his requests for increased ratings for bilateral hearing loss and tinnitus. The decision found that there was no evidence of a dental condition due to in-service trauma.

The Board found no evidence to support the veteran's claim that his back injury is related to service, and thus denied the claim.

The Board has determined that the appellant's notice of disagreement was timely with respect to her claims for service connection for leukemia due to Agent Orange exposure and for the cause of the veteran's death. The appeal is being remanded to allow for further development.

The Board denied reopening the claim for service connection for carcinoma of the tongue as due to Agent Orange exposure and denied entitlement to service connection for hypertension and hypertensive heart disease, including as secondary to service-connected diabetes mellitus and psychiatric disorder.

The appellant's late husband did not have qualifying active service in the United States Armed Forces required for VA death pension benefits, and therefore his claim is denied.

The veteran's claim for an overpayment of non-service-connected pension benefits was dismissed as the request for a hearing was cancelled and no further action is required.

The Board found no current disability in either the right or left hip, and thus denied service connection for both conditions.

The Board has denied the veteran's claim for a rating in excess of 10 percent for his service-connected residuals of a shell fragment wound to the left leg, finding that the current symptomatology does not warrant a higher evaluation.

The case is being remanded for additional development and consideration of the veteran's claim for payment or reimbursement for unauthorized private medical expenses incurred at Bert Fish Medical Center in July 2002. The VAMC must provide proper VCAA notice, including information about what evidence has been obtained and associated with the claim file, and what additional evidence is needed on his behalf.

The Board found no competent medical evidence relating the veteran's current prostate disorder or urinary tract disorder to any disease or injury during active military service.

The veteran's effective date for additional compensation based on recognition of a dependent spouse was March 1, 1997, the date his combined disability rating increased to 30 percent.

The Board denied service connection for a heart attack and residuals of a heart attack, as well as the claim for a compensable rating for bilateral hearing loss. The veteran's claims were based on direct evidence rather than any presumption or secondary condition.

The Board has granted the veteran's appeal, finding that the overpayment of VA educational assistance was due to administrative error and not fault on the part of the veteran. The effective date is set as the last payment for the term between March 18, 2002, and May 19, 2002.

The Board has determined that the veteran's service-connected superficial varicosities of both legs do not warrant a rating in excess of 20 percent for the right leg and 10 percent for the left leg, as there is no evidence of ulceration or deep vein involvement.

The Board denied an earlier effective date for payment of DIC benefits, finding that the award was not based on receipt of missing service medical records and that the appellant's request to reopen her claim for service connection for the cause of the veteran's death was received after the effective date assigned by the RO.

The RO denied the veteran's request to terminate the garnishment of his VA disability benefits, stating that he had not fully paid off the amount required under the court order.