Other conditions decisions — 2004

The VA determined that the appellant forfeited all rights, claims and benefits under the law administered by VA due to his involvement with the Japanese-sponsored Bureau of Constabulary during World War II.

The Board denied the appellant's claim for reinstatement of VA nonservice-connected death pension benefits as her unmarried widow, citing a statutory bar due to her remarriage after November 1, 1990.

The Board found that the appellant did not have a chronic skin disorder incurred during service, and thus denied his claim for service connection.

The Board denied the veteran's petition to reopen his claim for service connection for psychiatric disability other than PTSD, finding that no new and material evidence had been received. The RO previously denied the claim in June 1980.

The Board has granted a 30 percent disability rating for the veteran's chronic left hip pain/myositis, effective from March 24, 2003.

The Board has reopened the claim for service connection for residuals of a back injury due to new and material evidence. However, further development is needed before deciding on the merits of the claim.

The Board denied the veteran's waiver of recovery of an overpayment of improved disability pension benefits, finding that his failure to report Social Security income was due to bad faith and not due to a lack of knowledge or intent.

The veteran's active service was less than 90 days, and he is not eligible for non-service-connected pension benefits.

The Board found that the March 1970 rating decision denying service connection for a left hip disorder did not contain clear and unmistakable error. The veteran's right hip disorder was not incurred in or aggravated by active service, may not be presumed to have been incurred during such service, and was not proximately due to, the result of or aggravated by another service-connected disability.

The Board has granted an increased rating of 20 percent for the veteran's left knee disability, effective July 9, 1980. The decision also addressed a separate issue regarding limitation of flexion due to arthritis.

The veteran seeks compensation under 38 U.S.C.A. § 1151 for back pain allegedly caused by an influenza vaccination. The Board has determined that further development is needed, including a VA examination and review of the claims file.

The Board of Veterans' Appeals has determined that the veteran does not have a dental disorder for compensation and treatment purposes, as there was no documented dental trauma in service. Therefore, service connection is denied.

The veteran's claim to reopen his service connection for a left indirect inguinal hernia is being considered. The RO has requested the veteran's entrance physical examination and will review whether new and material evidence has been submitted.

The Board found that the appellant's nasal fracture residuals did not warrant a compensable evaluation, while his lacerations of the back warranted further review as there were no precise measurements provided in the VA examination report.

The veteran's right ulnar fracture surgery was complicated by an infection, requiring additional surgeries. The extent of the resulting disability and whether reasonable care was exercised in treating the infection is unclear from the current record.

The Board has remanded the case due to changes in rating criteria for spine disabilities and a need for additional examinations.

The Board has determined that a VA examination is needed to determine the relationship between the veteran's current pituitary adenoma and her service, as well as the date of onset. The case will be returned for further action.

The Board has remanded the case due to incomplete records and the need for a VA gynecology examination.

The Board denied service connection for the cause of death due to multiple myeloma and eligibility for dependents' educational assistance benefits, finding no evidence linking the condition to service or post-service treatment.

The Board denied the veteran's request to reopen his claim for service connection for Osgood-Schlatter's Disease, right knee, as no new and material evidence had been submitted.