Other conditions decisions — 2004

The Board found that the veteran does not have a current jaw disability related to his military service and denied his claim for service connection.

The veteran is not eligible for enrollment in, and access to, VA medical care benefits due to the absence of any service-connected disabilities.

The Board has denied the veteran's claim for service connection for a nervous disorder due to insufficient evidence and incomplete medical records.

The veteran is granted service connection for bilateral frozen feet and a total disability rating based on individual unemployability, effective from January 10, 2003.

The veteran's service-connected residuals of shell fragment wound to the left thigh and atrophic right testicle do not meet the criteria for a compensable rating, thus his claims are denied.

The veteran's appeal is remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board determined that the appellant is not recognized as the veteran's surviving spouse for VA purposes due to their divorce and lack of continuous cohabitation.

The veteran's claim for an increased rating for duodenal ulcer with postoperative residuals is being remanded due to the need for additional development, including a VA examination and review of medical records.

The Board found that the reduction in additional benefits for a dependent spouse, effective from June 1, 1996 to May 1, 2002, was legally appropriate based on the veteran's divorce and subsequent marriage.

The Board found that the veteran's service-connected rheumatic fever residuals did not meet the criteria for a compensable rating, and thus denied his claim.

The veteran's claim for service connection for cancer of the common bile duct, stomach, pancreas, gallbladder, and duodenum is denied as there is no evidence linking these conditions to his military service or exposure to Agent Orange.

The veteran's post-surgery sensory and motor function deficits are not considered to be the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA during the November 2000 abdominal aortic aneurysm surgery.

The Board has remanded the case due to inadequate notification and development of evidence, including obtaining a medical statement from the veteran's physician supporting the claim for service connection for the cause of death.

The Board has determined that the veteran's nerve disorder of the left lower extremity does not warrant a higher disability rating, as it is currently evaluated at 30 percent.

The Board has granted the appellant's request for an extension of her eligibility period for Dependents' Educational Assistance (DEA) benefits due to a suspension in her education program caused by caring for her acutely ill son.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved pension benefits in the amount of $8,800 due to a lack of timely submission of a request within the 180-day period.

The veteran's claim for an increased rating for prostatitis was denied due to his failure to report for a scheduled VA examination without good cause.

The veteran's claim for VA compensation under 38 U.S.C.A. § 1151 due to a left leg amputation is being remanded for additional development.

The Board denied the appellant's claim for service connection for cause of death as no new and material evidence was received to reopen the claim.

The Board has determined that the veteran's degenerative joint disease of both hands was incurred during service and is granted service connection.