Other conditions decisions — 2004

The VA has granted a 20 percent disability rating for the veteran's TMJ condition since August 9, 2002.

The Board denied the appellant's claim for service connection for the cause of the veteran's death in January 2001. The appeal is now being remanded to the RO.

The veteran's service connection claim for residuals of an injury involving the fourth and fifth fingers of his left hand is granted as it was incurred in active service.

The Board has remanded the case for further development to verify the veteran's claimed stressors and obtain any missing VA medical records. The AMC will then review the evidence and determine if service connection for PTSD can be granted.

The appellant is not eligible for VA non-service-connected disability pension benefits due to the absence of legal merit.

The Board denied the veteran's request for an extension of his delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code due to not meeting the time limits specified by VA regulations.

The Board has remanded the case to the agency of original jurisdiction due to procedural defects in providing notice under the VCAA.

The Board denied the claim for an increased rating for a left heel fracture as there was no indication of residual disability, and the veteran's complaints did not meet the criteria for a compensable rating under any applicable diagnostic codes.

The veteran's appeal is remanded due to the need for a comprehensive VA examination to determine the severity of his service-connected bilateral hammertoes, with exotosis, left hallux, with recurrent callouses. The RO must ensure that all notification and development action required by the Veterans Benefits Act of 2003 are completed.

The veteran's claim of service connection for Weber-Christian disease was denied due to failure to advance a well-grounded claim. The RO then denied the claim on a de novo basis under VCAA, and the case is now remanded for further development.

The veteran is seeking compensation under the Veterans' Compensation and Pension Act (38 U.S.C. § 1151) for vision loss allegedly caused by VA treatment with medications. The case requires further development to determine if there was fault in the treatment provided by VA or if the blindness was an unforeseen consequence of treatment.

The Board denied the appellant's request to reopen her claim for recognition as the veteran's surviving spouse for VA purposes, finding that no new and material evidence had been submitted.

The Board has determined that the veteran does not have a current sinus condition or intervertebral disc herniation at L5-S1 that is related to his military service. The Board also found no evidence of Agent Orange exposure during his period of active duty.

The Board has determined that the appellant is eligible to be recognized as the surviving spouse of the veteran for purposes of VA death benefits, given her continuous cohabitation with him prior to his death.

The Board denied the veteran's request to reopen his claim for service connection for a left heel disability due to lack of new and material evidence.

The Board has determined that further development is necessary to determine if the veteran meets eligibility requirements for educational assistance under Chapter 30, Title 38 United States Code. The case is remanded to the RO for this purpose.

The Board found no evidence to support a current irritable colon condition related to military service and denied the veteran's claim for service connection.

The Board has granted the veteran's waiver request, finding that recovery of the overpayment would be against equity and good conscience due to the veteran's age, health conditions, and financial situation.

The veteran died in February 1982 and the appellant was born in July 1983. The VA denied basic eligibility for Dependents' Educational Assistance because the appellant is not considered a child of the veteran.

The Board has determined that the veteran's current left inguinal hernia residuals are a result of service, specifically due to an in-service treatment for a hernia. The Board found that the veteran developed a hernia during service and that it was aggravated by his military service.