Other conditions decisions — 2004

The Board denied the veteran's claims for service connection for a nervous disability, stomach disability, and spinal disability. The claim for spinal disability was not reopened due to lack of new and material evidence.

The Board has reopened the claim for a torn muscle in the left rib cage but denied service connection and all other issues due to lack of new and material evidence.

The veteran's appeal is being remanded due to procedural defects in the notice provided and additional evidence submitted. The issues of service connection for a bilateral shin condition and adjustment disorder with depressed mood are on appeal.

The veteran's appeal is being remanded due to his failure to report for a VA eye examination scheduled on June 24, 2003. The case will be returned to the RO for further development and consideration.

The Board dismissed the appeal as the veteran withdrew his appeal on the issue of whether he submitted a timely substantive appeal for overpayment of pension benefits.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse for death pension benefits due to her remarriage in January 2000, making her ineligible under VA regulations.

The Board finds that the appellant and the veteran had a valid common law marriage, which is sufficient to recognize her as the surviving spouse for VA benefits purposes.

The Board found no evidence linking the veteran's current nail fungus to his military service, and thus denied his claim for service connection.

The Board has determined that the termination of improved pension benefits on the 61st day of the veteran's incarceration was proper, as mandated by VA regulations.

The Board found that there is no evidence of a chronic acquired disorder for VA compensation purposes manifested by status post indentation of the skull incurred during active service.

The veteran seeks service connection for a chronic acquired skin disorder, which he claims is related to his exposure to chemical agents during his second period of active duty. The VA has ordered additional development including obtaining medical records and arranging for a special dermatological examination.

The VA denied the veteran's claims for increased evaluations for his service-connected postoperative fractures of the right great toe and cyst in the right ear lobe, finding that the evidence did not warrant a higher evaluation.

The Board has remanded the case for additional development, including obtaining terminal hospitalization records and a medical opinion regarding the cause of death and whether service-connected disabilities caused or hastened it.

The Board denied the veteran's claims for an initial evaluation greater than 50 percent for his service-connected schizoaffective disorder, entitlement to an effective date earlier than March 24, 1998, and entitlement to a total disability rating for compensation purposes based on individual unemployability due to service-connected disability (TDIU).

The VA determined that the veteran's postoperative right inguinal hernia residuals do not warrant a rating higher than 10 percent, as there is no evidence of recurrent or large hernia protrusion. The current 10 percent rating remains in effect.

The Board found that the veteran's claimed conditions, including residuals of an injury to the groin, a tumor of the back, breast tumors, and prostate gland tumor, were not incurred or aggravated by active service. The evidence did not show current diagnoses for these conditions.

The Board has remanded the case for additional development due to notification issues under the Veterans Claims Assistance Act of 2000.

The Board found that the cause of death, multiple myeloma, was not related to service-connected conditions and denied service connection for the cause of death.

The Board has determined that the veteran's claim for an earlier effective date for a grant of service connection for groin rash, currently rated at 10 percent disabling, is denied.

The veteran's claim for service connection for a skin disorder, including as due to exposure to Agent Orange, is being remanded for further development.