Other conditions decisions — 2004

The Board has remanded the case for further development and consideration of the veteran's claim for service connection for a neurological disability, including whether it is related to his active military service or herbicide exposure.

The veteran's appeal is being remanded for further medical development regarding his service connection claim and initial rating for varicocele/epididymitis.

The Board has ordered a VA examination to determine if the veteran's pre-existing foot condition was aggravated by service, and whether there is evidence of a chronic injury during service.

The Board is remanding the case due to incomplete notification and development under the Veterans Claims Assistance Act of 2000 (VCAA). The appellant needs to be informed about the evidence she needs to provide, and VA will assist her in obtaining identified evidence.

The Board has reopened the appellant's claim for recognition as the surviving widow of the veteran for purposes of VA death pension benefits due to new and material evidence. The appellant is now entitled to VA death pension.

The veteran's claim for compensation benefits due to VA surgery in May 1997 is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied the appellant's claim for accrued benefits, finding that her application was filed over one year after the veteran's death. The criteria for accrued benefits have not been met.

The veteran's children are not shown to have spina bifida, which is a required condition for VA benefits under the provisions of 38 U.S.C.A. § 1805.

The veteran seeks an increased rating for a stone in the salivary duct and compensation under 38 U.S.C.A. § 1151 for additional disability resulting from surgery performed by VA in March 1973. The Board has remanded the case for further development, including a VA medical examination.

The case is being remanded to the RO for further development, including clarifying VA medical examination reports and scheduling a VA pulmonary examination.

The Board found that the veteran's prostatitis with enlargement was not incurred in or aggravated by service, and may not be presumed to have been incurred therein due to his exposure to Agent Orange. The claim for service connection is denied.

The Board denied the claimant's request for retroactive VA educational benefits due to his application being received more than one year after he completed the on-the-job training program.

The Board denied service connection for a joint disorder and a stomach disorder, finding no evidence of an undiagnosed illness or any other basis for service connection.

The Board has determined that the veteran's service connection claim for costochondritis is granted as it was incurred in active service.

The Board has remanded the case for additional development due to new regulations and because of submitted evidence. The appellant's claim is about whether new and material evidence has been submitted to establish legal entitlement to VA benefits.

The veteran's varicose veins of the left leg have been granted service connection. The other issues on appeal are remanded to the RO.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence showing that his bronchogenic cancer or any disease materially contributed to his death as a result of service.

The Board found that the appellant misrepresented her income and failed to notify VA of changes in her employment status, resulting in an overpayment. The Board concluded that this misrepresentation precluded consideration of a waiver due to bad faith.

The Board has determined that the veteran's claim for service connection for residuals of a back injury was granted in December 2003, and there are no outstanding issues or appeals related to this decision.

The Board found that the veteran's right eye disability clearly and unmistakably preexisted service, and during service, his vision worsened due to natural progression. Therefore, the claim for service connection was denied.