Other conditions decisions — 2004

The Board denied the veteran's claim for service connection for residuals of a left jaw fracture, finding no current disability due to an in-service injury.

The Board has remanded the case for additional development due to new evidence and legal requirements.

The Board found that the veteran's pancreatitis was not incurred in or aggravated by military service, and denied his claim.

The Board has granted service connection for a tongue disability, manifested by a scar on the tongue and speech impediment. The disability is considered to be the result of an injury in service.

The veteran's claims for increased ratings and service connection were denied. The RO found that the veteran's spondylolisthesis with spondylosis at L5-S1 did not meet criteria for an evaluation in excess of 20 percent.

The Board denied the veteran's request to reopen his claim for service connection due to lack of new and material evidence, as no competent evidence was provided to link his current lung disorder to his period of active duty service.

The Board has granted a 30 percent evaluation for the veteran's heart condition, which reflects more than four episodes of paroxysmal atrial fibrillation per year. The effective date is not specified as it is based on the grant of service connection.

The Board has determined that the veteran's claims of service connection for a prostate condition and fatty tumors have been denied as there is no current diagnosis or evidence linking these conditions to his military service.

The veteran's appeal is remanded due to deficiencies in the statement of the case and additional development needed, including obtaining VA treatment records.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and to obtain all relevant medical records. The veteran's claims for service connection are being remanded for further action.

The Board has remanded the case due to incomplete medical records and a need for further examination. The veteran's respiratory disorders are being reviewed, but service connection is not established.

The veteran is seeking compensation for complications following his inguinal hernia surgery and subsequent nerve resection. The VA has requested additional evidence to support the claim, including medical records from Dr. Callaghan and treatment records from the Memphis VAMC and Nashville VAMC since July 2000.

The Board has determined that the veteran does not have a current foot or prostate disorder that can be attributed to service. The claims for service connection are denied.

The Board denied the appellant's claim for in excess of 45 months of Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to exhaustion of entitlement and lack of mitigating circumstances.

The Board denied the appellant's claim for recognition as a surviving spouse of her deceased husband, but found that new and material evidence had been submitted. The decision is mixed, with some issues in favor of reopening the claim and others not.

The veteran's claim for increased ratings for his service-connected cervical and mid-spine disability was denied. The current rating of 20 percent is maintained.

The Board has granted the veteran's claim for service connection for chronic obstructive lung disease with hypoxemia, finding that this condition is due to nicotine dependence acquired in service.

The Board denied the appellant's claim for accrued improved pension benefits based on nonrecurring unreimbursed medical expenses, finding that these expenses were not regular or predictable and thus precluded by law.

The Board found that the veteran does not have nicotine dependence and his chronic respiratory disability is not related to service. Therefore, both claims for service connection were denied.

The Board denied the veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $12,186 because his request was not received within the required 180-day period following notification of indebtedness.