Other conditions decisions — 2004

The Board denied the appellant's request for an apportionment of the veteran's VA disability compensation benefits for their children, finding that the veteran was reasonably discharging his responsibility to support them and there was no hardship warranting a special apportionment.

The Board has remanded the case due to incomplete records and the need for additional development.

The Board has granted a 20 percent rating for the service-connected right elbow disability, which is more than the current 10 percent evaluation. The effective date of this decision is not specified.

The Board denied the veteran's claim for service connection for residuals of a TURP, finding that his current hearing loss warranted a noncompensable rating.

The Board has granted service connection for ulcerative distal esophagitis and hiatal hernia as proximately due to the veteran's service-connected PTSD. The claim for a higher initial rating for chronic fatigue due to an undiagnosed illness remains unresolved.

The veteran's initial compensable evaluation for residuals of a blow out fracture of the right orbital floor was denied, and his claim for TDIU due to service-connected disabilities was also denied as he did not meet the percentage criteria for a total disability rating based on individual unemployability.

The veteran's claims for service connection and increased evaluation are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has reopened the claim of service connection for paroxysmal atrial fibrillation. The veteran's current skin condition is not related to service or any service-connected disability. Hemorrhoids are currently rated at 10 percent disabling. The veteran's bronchial asthma, status post right lobectomy, remains at a 30 percent rating.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for spastic colon. The case is being remanded for further evaluation.

The Board found that the evidence did not support a finding of service connection for temporomandibular joint syndrome, as it was not incurred in or aggravated by service.

The Board denied increased ratings for residuals of a shrapnel wound to the lower right arm and for a residual scar from a shell fragment injury to the left second toe.

The Board is ordering further development in the veteran's case, including obtaining medical records and ensuring all notification and development actions required by law are fully satisfied. The claim will be remanded for these purposes.

The veteran's claims for service connection and compensation pursuant to 38 U.S.C.A. ¶ 1151 (West Supp. 2002) for a hysterectomy were remanded by the Board of Veterans' Appeals due to incomplete development.

The Board found that the veteran's pension benefits were properly discontinued effective November 12, 2001 due to his incarceration for a misdemeanor offense.

The Board has granted service connection for left-sided hemisensory numbness, finding that the veteran's symptoms were present during active duty and are now diagnosed as sensory disturbance with hemisensory defect.

The Board has remanded the case for further development and review of the evidence to determine if a higher evaluation is warranted for the veteran's service-connected left inguinal hernia with nerve neuritis.

The Board found no evidence of current disability resulting from rheumatic fever in service and denied the veteran's claim for service connection.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for cerebellar ataxia. The Board also found that the veteran's cerebellar ataxia was incurred in active service.

The Board found that the March 1957 rating decision severing service connection for deafness and bilateral mastoiditis was clearly and unmistakably erroneous due to CUE in the February 1953 grant of service connection.

The appellant is denied basic eligibility for non-service-connected death pension benefits and accrued benefits due to lack of entitlement under the law.