Other conditions decisions — 2004

Your appeal regarding a puncture wound of the right tibia has been remanded to the RO for further review under de novo procedures.

The Board denied the veteran's claim for service connection of his right leg disability, finding no evidence linking it to an injury or disease during active duty.

The Board has remanded the case due to the need for additional evidentiary development, including obtaining Social Security Administration records and a VA psychiatric examination.

The Board found no evidence to support the claim that any service-connected condition contributed to the veteran's death, and denied the DIC benefits.

The Board has determined that the veteran's cause of death, congestive heart failure, is a presumptive service-connected condition due to his status as a former prisoner-of-war (POW). As such, the claim for service connection for cause of death is granted.

The Board denied dependency and indemnity compensation because the veteran did not have a total disability rating for at least 10 years immediately preceding his death.

The Board determined that the veteran's request for a waiver of overpayment was timely and granted the request.

The Board found that the veteran does not have a current nervous disorder and that any existing nervous disorder is not related to his service-connected thoracic spine (T6) fracture residuals. The claim for service connection was therefore denied.

The Board found that the veteran's current pulmonary disability is not related to his active military service and denied his claim for service connection.

The Board found no evidence of a chronic respiratory disorder in service or within an applicable presumptive period afterwards, nor may any currently diagnosed respiratory disorder be related to any incident of the veteran's active service.

The Board denied the veteran's claim for service connection for bilateral inguinal hernia repairs, finding no evidence of a link between his current condition and active duty.

The Board denied the veteran's claims for service connection for residuals of malaria, residuals of a right eye injury, and prostate condition due to Agent Orange exposure. The heart condition claim was granted but not related to service connection.

The Board found that the appellant does not have legal entitlement to VA death benefits due to a forfeiture of rights by the veteran, who served in the Japanese-sponsored Bureau of Constabulary during World War II.

The Board denied the veteran's claims for service connection for bowel and bladder incontinence, finding that these conditions were not proximately due to or the result of any service-connected disability.

The Board has denied the veteran's request to reopen his claims for service connection for residuals of an eye injury and a skin disorder, both related to exposure to Agent Orange. The RO previously denied these claims in May 1989 without reopening them due to lack of new and material evidence.

The Board denied an evaluation in excess of 20 percent for a duodenal ulcer, finding that the veteran's symptoms are no more than moderate and do not meet the criteria for a higher rating.

The Board has remanded the case for further development based on a May 2004 independent medical opinion and any additional evidence obtained since the last supplemental statement of the case. The appellant's claim will be readjudicated, and if denied again, a supplemental statement of the case will be provided.

The veteran withdrew his appeal for service connection of post-traumatic stress disorder and bilateral flat feet prior to the Board's decision.

The Board denied the appellant's claim for a rating in excess of 10 percent for varicose veins, left leg. The appeal is still pending regarding service connection for lacerated urethra.

The VA has granted service connection for residuals of a severed right Achilles tendon and assigned a 10 percent evaluation. The veteran's condition is characterized by restricted movement upon stretching/movement, with some pain and inflammation.