Other conditions decisions — 2004

The Board denied the appellant's claims for service connection for cause of death and dependency and indemnity compensation, finding that diffuse alveolar hemorrhage was not related to Agent Orange exposure or any other service-connected condition.

The veteran's claims for service connection for colon cancer, actinic keratoses of forearms, and occlusion of the right retinal artery have been remanded due to a failure to provide proper VCAA notification.

The Board denied the veteran's claims for an increased rating for his service-connected herniated nucleus pulposus, status post laminectomy and TDIU due to a service-connected disability. The veteran's back condition is manifested by chronic low back pain with limitation of range of motion related to non-service connected Parkinson's disease.

The Board has remanded the case to obtain clarification of Dr. Krausz's opinion regarding whether the veteran contracted histoplasmosis during service, and to determine if his POHS is related to World War II service.

The Board found that the appellant would not suffer undue hardship as a result of recovering the overpayment and would be unjustly enriched if such recovery were waived, thus denying her claim.

The Board denied an increased rating for residuals of a gunshot wound to the right mandible and denied an evaluation in excess of 10 percent for PTSD. The veteran's service-connected conditions were found not to warrant higher ratings based on current evidence.

The Board denied the veteran's request for a waiver of overpayment of improved disability pension benefits, finding that it was not timely filed.

The Board denied the claim for service connection for the cause of the veteran's death, finding no evidence to support a link between the veteran's fatal cancer and his military service or exposure to herbicides.

The veteran is seeking a compensable evaluation for his service-connected lichen simplex chronicus. The case has been remanded due to the need for proper notification of new rating criteria and for a VA examination by a dermatologist.

The Board found that the veteran's service-connected chondromalacia patella of both knees does not meet the criteria for a compensable rating based on limitation of motion or other diagnostic codes. The medical evidence did not show any significant impairment, instability, subluxation, dislocation, or arthritis.

The Board found that the March 1970 rating decision was clearly and unmistakably erroneous, resulting in an initial 40 percent rating for the veteran's service-connected residuals of a gunshot wound of the right arm.

The Board has determined that the cause of the veteran's death, anaplastic astrocytoma, was not incurred or aggravated during his military service and is not otherwise related to his service. As a result, the claim for service connection for cause of death is denied.

The Board has remanded the case due to inadequate notice under the Veterans Claims Assistance Act of 2000 (VCAA). The appellant's claim for compensation under 38 U.S.C.A. § 1151 is being reviewed again.

The veteran's daughter is not eligible for Dependents' Educational Assistance benefits under Chapter 35 due to her reaching the age of 26 before the effective date of a permanent and total service-connected disability rating.

The Board has determined that the appellant's character of discharge is dishonorable and therefore constitutes a bar to certain VA benefits, including service connection for PTSD.

The Board has remanded the case due to procedural errors and additional development is required.

The Board has determined that the veteran's post traumatic stress disorder is service-connected based on a verified in-service stressor and current medical diagnosis.

The Board denied the veteran's claim for an increased evaluation for HIV, finding that the current 10 percent disability rating was appropriate based on his T4 cell count and lack of other disabling symptoms.

The Board found that the veteran's fatty infiltration of the liver, diagnosed during service, does not constitute a current disability and thus denied his claim for service connection.

The Board has determined that the appellant's claim for an earlier effective date of February 1, 1986 for DIC benefits is granted based on her having filed a claim with SSA in February 1986.