Other conditions decisions — 2004

The Board found that the appellant did not have recognized service in the United States Armed Forces, thus denying their claim for VA benefits based on claimed service.

The veteran's claim for service connection for a lung disability due to asbestos exposure is being remanded for further development, including a VA examination and consideration of the VCAA requirements.

The Board found that the veteran's currently shown defective hearing is not attributable to his period of active military service and denied his claim for service connection.

The Board found that the veteran's claimed right hip, right foot, and right leg disorders were not incurred or aggravated by military service. The claim was denied as there is no evidence linking these conditions to his active duty.

The Board denied a rating in excess of 10 percent for the veteran's skin disorder, finding that the disability did not meet the criteria for higher ratings under either the old or new VA Rating Schedule.

The Board has remanded the case due to incomplete notification and development under the Veterans Claims Assistance Act of 2000 (VCAA). The appellant's appeal for payment of accrued VA DIC benefits in excess of $1,530.36 is now pending.

The Board found that the veteran's service-connected endometriosis and pelvic adhesions, with postoperative residuals of uterus and ovaries removal, manifested primarily by pelvic pain, dyspareunia, and bleeding after intercourse. The evidence did not show a marked interference with employment or frequent periods of hospitalization due to these conditions so as to render impractical the application of the regular schedular standards. Therefore, the claim for an increased rating was denied.

The RO's January 1966 decisions denying service connection for residuals of injuries of the left and right arms are not reversed or amended on the basis of CUE. The claim for reopening was denied as no new and material evidence has been submitted, and the veteran is not eligible for a TDIU due to lack of service-connected disabilities.

The Board found no clear and unmistakable error in the March and May 1988 rating decisions that denied service connection for a lung disorder, as the veteran did not submit new and material evidence to reopen his claim. The effective date for the grant of service connection was established on March 18, 1997.

The Board has granted an initial 10 percent evaluation for the veteran's service-connected residuals of a laceration to the dorsum of his right index finger, finding that there is some functional limitation due to pain and limited bending capacity.

The Board finds that the veteran does not have residuals of left eardrum perforation related to his military service and therefore denied the claim for service connection.

The Board found that Systemic Lupus Erythematosus was not incurred in or aggravated by service and denied the claim.

The Board has granted a waiver of the recovery of an overpayment of VA improved pension benefits in the amount of $8,352 due to the veteran's age and disability.

The Board denied the veteran's request for an earlier effective date of October 28, 1994, for service connection of a right inguinal hernia. The decision found that the earliest date of receipt of a reopened claim was October 28, 1994.

The Board of Veterans' Appeals found that the veteran's eczema was not incurred or aggravated during service and denied his claim for service connection.

The Board denied the veteran's claim for an earlier effective date for service connection of a recurrent pilonidal cyst, finding that the earliest date of receipt of his application was February 5, 2001.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The VA has denied the veteran's claims for an increased disability evaluation for his facial paralysis and service connection for major depression as secondary to his facial paralysis. The TDIU claim is also denied.

The veteran's claim for an increased evaluation for his service-connected residuals of a shell fragment wound of the left thigh is being remanded due to the need for additional medical records and examination.

The Board denied service connection for low back pain and arthritis of the spine as there was no evidence linking these conditions to service, including a lack of medical opinion connecting them to service.