Other conditions decisions — 2004

The Board found that the veteran's genitourinary disability was not incurred in or aggravated by active service and denied his claim.

The Board denied the veteran's request for waiver of recovery of an overpayment of pension benefits in the amount of $42,228 because it was not timely filed within 180 days from the date of the notice of indebtedness.

The Board determined that the veteran's compensation benefits were properly reduced due to his divorce and the removal of a stepchild from his household, effective October 1, 1994.

The Board found that the veteran's left leg disability, including residuals of a fractured left tibia and fibula and chronic osteomyelitis, preexisted his active military service and was not aggravated by it. Therefore, the claim for service connection is denied.

The Board has reopened the claim for service connection for a left varicocele and finds that it was aggravated in service. The May 1949 rating decision involving CUE is upheld.

The veteran's service-connected disabilities prior to May 21, 2001 prevented him from securing and following substantially gainful employment.

The VA determined that the veteran's death was not caused by a service-connected condition, and therefore denied the claim for additional burial benefits under 38 U.S.C.A. § 1151.

The Board is remanding the case to determine if new and material evidence has been submitted to reopen a claim for service connection for residuals of a right sacroiliac injury. The appeal will be readjudicated based on VA's guidelines established in VAOGCPREC 3-2003.

The Board found no evidence of a chronic respiratory disability, including left hemidiaphragm paralysis, incurred or aggravated by active service.

The Board has determined that the veteran's service-connected residuals of an injury to the ring finger of the right hand warrant a 10 percent disability rating, effective as of the date of the decision.

The Board denied the veteran's claim for an increased evaluation of his service-connected right ankle disability, currently rated at 30 percent. The evidence did not show nonunion or loose motion requiring a brace, which would warrant a higher rating under Diagnostic Code 5262.

The Board has reopened the veteran's claim and granted service connection for a skin disorder, finding that new evidence supports the claim.

The Board has determined that the appellant's debt issue has been resolved, and therefore there is no longer a question or controversy regarding whether dependency adjustments previously implemented are correct.

The Board has determined that the veteran does not have a dental condition resulting from in-service trauma and therefore, service connection for residuals of dental trauma of tooth number three is denied.

The Board has determined that the service member's discharge from active duty was under other than honorable conditions due to multiple periods of unauthorized absence. As a result, his character of discharge constitutes a bar to VA death pension benefits.

The Board found no evidence of an in-service wrist injury and concluded that the current bilateral wrist disability is not related to service.

The Board has granted service connection for dyshydrosis effective June 2, 1998. The veteran's claim was initially received on September 2, 1997, and a formal request to reopen the claim was submitted on June 2, 1998.

The Board is remanding the case to the RO for further development, including obtaining medical records and Social Security Administration records. The claim will be readjudicated after these developments.

The veteran's claim for service connection for a lung disorder is being remanded due to the need for proper notification and development of evidence.

The Board has determined that the veteran's skin rashes and painful and swollen joints are attributed to a mixed connective tissue disorder, which began during his service in the Southwest Asia theater of operations during the Persian Gulf War. As such, these claims have been granted.