Other conditions decisions — 2004

The Board has determined that the veteran does not have a current disability as a result of an organic brain disorder related to a disease or injury incurred during active service.

The Board is remanding the case for further development to determine if new and material evidence has been submitted to reopen the claim of entitlement to VA benefits.

The Board is remanding the case to the RO for initial consideration of new evidence, including corrected tuition assistance authorization forms. The appellant's appeal will be returned to the RO for further review.

The Board denied the veteran's claims for service connection for an eye disorder and for a higher rating for PTSD with alcohol abuse, finding no new and material evidence to reopen the former claim.

The Board denied the veteran's claims of service connection for residuals of a right temporal injury and gastritis, as secondary to medication for service-connected disabilities. The Board found no evidence of chronic disability resulting from an in-service injury or disease.

The Board has granted service connection for right leg varicose veins and assigned a 40 percent rating effective from September 18, 2002.

The case is being returned to the RO for additional development, including scheduling a personal hearing at the RO before a Veterans Law Judge.

The veteran's claim for a compensable evaluation for his service-connected amebiasis is being remanded due to the need for additional medical records.

The VA has determined that the veteran's service-connected gastric ulcer and rectal fissure do not warrant an initial compensable rating as both conditions are currently asymptomatic.

The Board denied the veteran's claim for an effective date earlier than September 9, 1998 for the award of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). The decision found that no formal or informal claim was received prior to September 9, 1998 and there was no evidence showing the veteran became unemployable due to service-connected disabilities before this date.

The Board found no evidence linking the veteran's current neck disorder to any incident of VA treatment and denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's appeal is being remanded for further development, including scheduling an orthopedic examination and ensuring compliance with the VCAA.

The Board has determined that the veteran's chorioretinitis of the left eye was incurred during active military service and granted service connection for this condition.

The veteran is seeking an earlier effective date for his total disability rating based on individual unemployability. The RO must obtain all relevant medical records and review the VA vocational rehabilitation folder to properly adjudicate this claim.

The Board has granted service connection for cancer of the throat, status post laryngectomy, as secondary to nicotine dependence acquired during active duty service.

The Board has granted a waiver of recovery for an overpayment of VA nonservice-connected disability pension benefits in the amount of $8,193 due to undue financial hardship and the veteran's lack of fault in creating the overpayment.

The Board has determined that a timely notice of disagreement was filed in response to the November 1994 rating decision denying service connection for the cause of the veteran's death. The appeal will be granted, and the issue will be remanded for issuance of a statement of the case.

The Board found that the veteran does not have a chronic acquired genitourinary disorder to include calculi of a kidney, claimed as ureteral colic, that is related to his active service on any basis.

The veteran's appeal for an increased rating of PTSD was dismissed as the veteran withdrew his claim, and the issue of service connection for a skin disorder is remanded.

The Board found no current chronic residual disability resulting from the veteran's near drowning incident and denied his claim for service connection.