Other conditions decisions — 2004

The Board found that the reduction of DIC payments to the appellant, as a helpless child of the veteran, was proper based on the reinstatement of DIC to her mother's benefits.

The Board found that a timely substantive appeal was submitted to complete an appeal on the issue of forfeiture of VA benefits, thus granting the veteran's appeal.

The veteran's claim for service connection for residuals of a right eye injury is being remanded due to the need for further development, including obtaining medical records and scheduling an examination.

The Board found that the veteran's claimed residuals of dental trauma were not incurred as a result of active service and thus denied his claim for service connection.

The Board has ordered the RO to obtain medical records from various facilities where the veteran was treated during his last weeks of life and to provide an opinion on whether service-connected duodenal ulcer disease contributed to the cause of death. The case is then to be returned for further consideration.

The veteran's claim for an earlier effective date for TDIU benefits is being remanded due to the failure to provide proper VCAA notice.

The Board has determined that the veteran's service-connected right first metatarsal fracture with traumatic arthritis and callous formation warrants a 20 percent evaluation, reflecting moderately severe disability.

The Board denied the veteran's claims for increased ratings for irritable colon and prostatitis, finding that the evidence did not meet the criteria for a rating in excess of 10 percent for these conditions.

The Board found that the veteran's current residuals of a stress fracture of the left tibia do not meet the criteria for a compensable rating.

The Board has granted service connection for arthritis of the left hip, finding that it is proximately due to or the result of the veteran's service-connected residuals of a gunshot wound to the left thigh.

The Board has determined that additional clarification of the record is required, including a paid-and-due audit to ascertain the adjusted overpayment amount and how it was calculated. The veteran's pension benefits were terminated due to excessive income for the years 1995 to 1997, which included receipt of $61,276.55 in July 1996. This decision also requires that the claim for waiver of the overpayment be adjudicated.

The Board has determined that the veteran does not have current residuals of Bell's palsy and therefore service connection for this condition is denied.

The veteran's claim for an increased evaluation of his Crohn's disease is remanded due to the need for additional medical records and a new VA examination.

The appellant is not eligible for DIC benefits as she was never the surviving spouse of the veteran.

The VA treatment for the veteran's abdominal aortic aneurysm did not result in additional disability to his right ureter.

The VA determined that the veteran's heart surgeries did not result in additional disability, as his condition was already present prior to the procedures and the complications were due to unforeseeable events.

The VA denied the veteran's claim for disability benefits under 38 U.S.C.A. § 1151, finding that his bladder spasms, lower right mid quadrant pain, scrotal pain, neurogenic bladder, urethritis, chronic cystitis and urinary tract infections were not caused or aggravated by VA treatment in August 1983 or November 1989.

The Board denied the appellant's appeal of the May 2001 RO decision regarding service connection for the cause of the veteran's death and eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35, finding that her Substantive Appeal was not timely filed.

The veteran's appeal was dismissed due to his death, and no compensation benefits were granted.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a schizoaffective disorder. As such, the claim is granted.