Other conditions decisions — 2004

The veteran is seeking compensation for disability resulting from prostate surgery performed at a VA facility in January 1996, and also seeks special monthly compensation based on housebound status. The case has been remanded due to procedural issues and the need for additional development.

The veteran's appeal is being remanded for further development, including additional examinations and consideration of his increased evaluation claims under the provisions of 38 U.S.C.A. § 3.321(b)(1) (2003).

The Board found no clear and unmistakable error in the assignment of a 10 percent initial evaluation for the veteran's service-connected gunshot wound, scar of medial aspect of the left thigh with muscle involvement. The effective date remains unchanged.

The Board denied service connection for the cause of the veteran's death due to gastric cancer, finding that it was not incurred in or aggravated by service and could not be presumed to have been caused by service.

The Board has determined that there is no current evidence of residuals from a head injury or jaw injury, and thus service connection for these conditions cannot be granted.

The Board determined that the veteran's April 1998 notice of disagreement was timely, and thus allowed him to proceed with his appeal for an earlier effective date for pension benefits.

The veteran is seeking service connection for facial and chest injuries sustained in a motor vehicle accident during active duty. The Board has ordered additional development to determine the nature of these conditions, including whether they are related to his military service.

The veteran's claim for an earlier effective date for compensation due to a myocardial infarction resulting from VA treatment in May 1999 was denied as the claim was not filed within one year of the injury or aggravation.

The veteran's claim for an increased evaluation of his service-connected musculoskeletal reaction, now diagnosed as intervertebral disc syndrome, is being remanded due to the need for further development and consideration under the revised rating criteria.

The Board has denied the veteran's petition to reopen his claim for service connection for malaria. The RO previously denied this claim in June 1980, and no new or material evidence has been submitted since then.

The Board has determined that the veteran does not have a brain tumor and therefore, service connection for this condition is denied.

The Board denied the appellant's claims for service connection for cause of death and entitlement to Dependents' Educational Assistance (DEA) under Chapter 35, Title 38. The decision found that there was no evidence showing a service-connected disability caused or contributed to the veteran's death.

The Board finds that the veteran's gastrointestinal disorder is not proximately due to or the result of his service-connected PTSD. The preponderance of evidence does not support a finding that the veteran's current gastrointestinal disability is related to his military service.

The Board has determined that the veteran's cause of death was due to his in-service tobacco use, which contributed substantially to his terminal lung disability.

The Board denied the veteran's request for waiver of recovery of an overpayment of pension benefits in the amount of $20,192.30 due to bad faith on his part.

The Board has remanded the case for further development due to failure to apply provisions of VCAA.

The Board finds that the veteran did not timely file a Substantive Appeal to either the May or September 1998 rating decisions, and therefore lacks jurisdiction over these decisions.

The Board found no evidence linking the veteran's current lung disorder to his service, including any exposure to toxic gas. The claim for service connection was denied.

The VA determined that the veteran's hallux valgus of the left foot warranted a rating of 20 percent, effective as of the date of the initial decision in May 1998.