Other conditions decisions — 2004

The Board determined that the overpayment of $1,408.33 for educational assistance benefits was valid and denied the veteran's appeal.

The Board is remanding the case for additional development due to procedural issues and to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claim for an earlier effective date for a total disability rating based on individual unemployability will be addressed, as well as whether new and material evidence has been received to reopen his claim for service connection for a nervous condition.

The Board denied an increased rating for the veteran's right thumb condition, finding that prior to August 26, 2002, the disability did not warrant a higher than 10 percent rating. From August 26, 2002, the disability was rated as 10 percent disabling.

The veteran's claim for service connection for residuals of pneumonia is being remanded to the RO for further development, including a VA examination and compliance with the Veterans Claims Assistance Act of 2000.

The Board found no relationship between the veteran's squamous cell carcinoma of the oropharynx and in-service exposure to herbicides, and denied service connection for this condition.

The Board denied the veteran's application to reopen his previously denied claim of entitlement to service connection for multiple cancers (claimed as lymphosarcoma and lung cancer) due to exposure to X-ray radiation during active duty, finding no new and material evidence.

The veteran's claim of entitlement to service connection for atrial fibrillation is being remanded due to incomplete medical evidence and the need for a VA examination. The issue will be reconsidered after obtaining additional information and opinions.

The Board has determined that additional development is required in this case prior to any final appellate review, and the appeal is remanded to the RO for further action.

The Board has determined that the appellant did not timely file a notice of disagreement (NOD) regarding her claim for VA death benefits, and therefore lacks jurisdiction to consider this matter.

The Board determined that the appellant's deceased husband did not have qualifying service for VA benefits and therefore denied her claim.

The veteran's lung disorder, characterized as chronic left sided pulmonary effusion, is being remanded for additional development to determine its etiology and whether it was incurred during his active service.

The Board denied the veteran's claims of service connection for prostate enlargement, grade II with nodular pattern and solid nodule and lipoma due to forfeiture based on his fraudulent submission of false evidence.

The veteran's perforated diverticulum, sigmoid colon resection with colostomy, Hartmann's pouch, and frequent diarrhea-type bowel movements are considered to be the result of a VA-administered colonoscopy in January 1998. The Board finds that this additional disability was not reasonably foreseeable.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine the current severity of the veteran's service-connected disabilities. The claims are not yet decided.

The veteran's claim for service connection was denied due to his submission of falsified medical evidence and intentional fraud.

The veteran's claim for a higher disability rating for his service-connected left pleural cavity injury was granted, with the effective date being September 23, 2002.

The Board found that the veteran's service-connected anxiety disorder contributed to his death from Alzheimer's disease, which was exacerbated by atherosclerotic cerebrovascular disease. The Board granted service connection for the cause of the veteran's death.

The Board denied the veteran's claims for service connection for Huntington's Chorea and loss of teeth due to dental trauma, finding no evidence that these conditions were incurred or aggravated during his military service.

The Board found that the veteran's current left eye cataract and macular degeneration are not related to his in-service choroidoretinitis, but rather are age-related processes. The Board also determined that these conditions were not proximately due to or aggravated by his service-connected right eye disorder.

The Board has remanded the case for additional development due to new regulations and evidence.