Other conditions decisions — 2004

The Board found that the veteran's deviated nasal septum existed prior to his military service and was not aggravated by service. Therefore, the claim for service connection is denied.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The veteran's service-connected right shoulder disability is currently rated at 40 percent, effective May 9, 2000. The RO denied the claims for higher ratings and TDIU.

The Board found that the veteran's trigeminal neuralgia is not related to his service or a service-connected psychiatric disability, and thus denied the claim for service connection.

The income of the veteran's daughter prior to February 1, 2004 exceeded the maximum annual rate for improved death pension benefits, resulting in denial of her claim.

The VA has determined that the veteran's nasal fracture residuals do not meet the criteria for a compensable initial rating.

The Board found that the appellant's overpayment of DIC benefits was not solely due to VA error, and her failure to report a change in marital status resulted in an overpayment. The Board concluded that she had bad faith in accepting benefits for which she was no longer eligible.

The Board has remanded the veteran's appeal due to incomplete information regarding her family income and medical expenses, as required by the VCAA. The veteran is asked to provide this information.

The Board of Veterans' Appeals has determined that the veteran does not have a currently diagnosed disability manifested by muscle pain or multiple joint pain, and therefore, service connection for joint and muscle pain, including as due to an undiagnosed illness, cannot be established.

The veteran is seeking service connection for laryngectomy and nicotine dependence, with some issues also requesting secondary service connection. Additional development is needed to obtain medical records from Dr. Heller.

The Board found that the veteran's left hip disorder is not caused or aggravated by his service-connected knee and right hip conditions.

The Board granted service connection for colonic inertia and assigned a 30 percent evaluation, effective June 6, 2002. The veteran's claim of an increased rating for his left knee disability is remanded.

The Board has reopened the claim of service connection for arthritic disorder, major joints due to new and material evidence submitted since the December 1996 rating decision. The veteran's arthritis is found to have started in or around 1970 during his military service.

The Board found no evidence of dental trauma during service and denied the veteran's claim for service connection.

The Board of Veterans' Appeals has determined that the veteran's right eye disability, which is currently rated at 30 percent, does not warrant a higher rating as his visual acuity in both eyes does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board denied the appellant's claim for legal entitlement to VA benefits, finding that new and material evidence had not been submitted.

The Board denied the veteran's claim for service connection for residuals of a left calf injury, finding that there was insufficient clinical evidence to warrant a diagnosis and no direct link between his current condition and his in-service injury.

The VA denied the veteran's claim for a compensable rating for his service-connected depressive reaction, finding that his current psychiatric impairment is due to nonservice-connected personality disorder, alcohol dependence, and cannabis abuse; his service-connected depressive reaction is asymptomatic.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further action, including scheduling a hearing before a Veterans Law Judge.

The Board has remanded the case due to insufficient medical evidence regarding whether the appellant's diagnosed condition, including Arnold-Chiari Malformation, is a form or manifestation of spina bifida. The RO must obtain a medical opinion from an expert in neurology.