Other conditions decisions — 2004

The Board denied service connection for varicose veins of the left leg and peripheral vascular disease, phlebitis, and cellulitis of the left leg due to a lack of clear and unmistakable evidence that these conditions pre-existed service or were not aggravated during service.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a chronic acquired bilateral eye disorder.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for ear and foot disorders. The veteran presented testimony indicating he had no preexisting ear disorder on enlistment but developed recurring ear problems during service, which led to his discharge from active duty. He also testified about a pre-existing bilateral foot disorder that was aggravated in service, resulting in surgery times eight toes for hammertoe release and tendon transfer post-service.

The veteran's appeal for payment or reimbursement of medical expenses incurred at a private facility in September 2002 was denied because prior authorization from VA was not obtained, and he is not eligible under the provisions of 38 U.S.C.A. § 1725 as an active Department health-care participant.

The Board has granted the veteran's claim for service connection for the residuals of a cholecystectomy, finding that the gallstones noted in 1993 were aggravated during service and warranting their surgical removal.

The Board denied the appellant's claims for service connection for the cause of her husband's death, DIC benefits under 38 U.S.C.A. § 1151, and Dependents' Educational Assistance under Chapter 35, Title 38 due to a lack of evidence linking any disability to service.

The Board found no current evidence of a mitral valve disorder and concluded that the veteran's condition was not caused by VA treatment, thus denying his claim under 38 U.S.C.A. § 1151.

The veteran's appeal is remanded for further development, including a VA examination to determine the severity of his service-connected hiatal hernia and consideration of other relevant medical records. The case will be reviewed again after these steps are completed.

The VA determined that the veteran's right forehead laceration scar does not meet the criteria for a compensable evaluation, as it is asymptomatic and non-disfiguring with no evidence of ulceration or skin breakdown.

The veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The case will be readjudicated after these actions.

The veteran's claim for an increased rating for his service-connected psychoneurosis with gastrointestinal complaints is being remanded due to the need for additional development and VCAA compliance.

The Board has remanded the case due to incomplete consideration of evidence and the need for additional development, including obtaining SSA records and providing the veteran with another opportunity to submit information or evidence.

The Board of Veterans' Appeals has determined that the veteran's chronic prostatitis, a current disability, was incurred during his active military service. The opinion linking this current condition to symptoms in service is considered sufficient.

The Board found that a back disorder was not incurred in or aggravated by service, arthritis of the spine may not be presumed to have been incurred in service, and a back disorder was not proximately due to or the result of a service-connected disability. The simple chip fracture of the right foot did not meet the criteria for a 10% rating.

The veteran's widow submitted claims for accrued benefits based on unreimbursed medical expenses, but the claim was denied as there were no pending claims at the time of his death and the expenses could not be predicted or anticipated.

The Board has remanded the case for further development and consideration due to issues related to service connection for a right inguinal hernia.

The Board granted a waiver of recovery for an overpayment of disability pension benefits, finding that the veteran's failure to report his wife's income contributed to the creation of the debt and that repayment would cause undue financial hardship.

The Board denied the veteran's claim of service connection for left ear disability, finding that the October 1970 rating decision was not clearly and unmistakably erroneous.

The Board has denied the veteran's claim for service connection for narcolepsy, finding no current diagnosis of the disorder and ruling out a diagnosis of narcolepsy based on recent VA examination.

The Board has denied the veteran's claim for service connection for residuals of a head injury, finding that there is no current disability related to his military service and noting that any scars are related to a period of dishonorable service.