Other conditions decisions — 2004

The veteran is seeking a waiver of overpayment of VA educational assistance benefits under Chapter 30, Title 38. The case has been remanded for further development and accounting.

The Board has determined that the veteran's degenerative joint disease of the back is related to her military service and has granted service connection for this condition.

The Board has determined that the veteran does not have a current eye disorder or gastritis related to his active service. The claim for an initial evaluation in excess of 10 percent for seborrheic dermatitis and folliculitis of the scalp is remanded due to the need for a VA skin examination using the new rating criteria. The issue of entitlement to an initial compensable evaluation for the residuals of a right clavicle fracture is also remanded as the veteran testified about limitations not previously noted in his last VA joints examination.

The Board has remanded the case for further development to determine if there is a causal relationship between the veteran's chronic skin disorder and stomach disorder and her service, specifically exposure to environmental irritants during active service.

The veteran's service-connected TMJ sprain or syndrome is currently rated at 30 percent, effective from the date of receipt of her increased rating claim (March 5, 1999). The low back strain remains rated at 20 percent.

The Board has granted service connection for reactive airway disease and skin problems due to an undiagnosed illness related to service in the Southwest Asia theater of operations during the Persian Gulf War.

The Board has granted a separate 20 percent rating for the service-connected varicose veins of each lower extremity, as they are shown to be productive of manifestations above and below the knee with edema that is incompletely relieved by elevation.

The Board has determined that additional development is necessary to properly address the appellant's claim for service connection for a brain stem tumor, including obtaining medical records and conducting further analysis on the etiology of the condition.

The veteran's claim for service connection for esophageal cancer/Barrett's esophagitis was denied. The VA treatment did not result in any additional disability relating to the condition.

The Board has remanded the case due to the need for additional development, including a VA examination and further evidentiary review. The veteran's claim for service connection for genital herpes will be adjudicated again if he is found to have this condition. If service connection is granted, his secondary claim for adjustment disorder with depressed mood will also be considered.

The veteran's claim for an increased evaluation of his gunshot wound to the left hip and buttocks is being remanded due to incomplete medical records and lack of examination. The RO must ensure all notification requirements are met, obtain any necessary records, and schedule a VA examination to determine the nature, extent, and severity of the service-connected disability.

The Board found no evidence linking the veteran's current left elbow disorder to his military service and denied his claim for service connection.

The veteran's claim for an increased rating for his service-connected back injury at D4-D5 with lateral compression and anterior displacement of D5 and post-traumatic arthritis is being remanded due to the need for a current VA spine examination.

The Board has determined that the veteran does not have current disabilities related to his claimed left cornea and jaw injuries incurred during service. The VA examinations did not reveal any ongoing conditions or residuals from these incidents.

The Board has determined that the veteran's chronic pancreatitis and skin disability were not incurred or aggravated by service, including exposure to herbicides. The claim for service connection is denied.

The Board has decided to remand the case for further development due to insufficient evidence regarding whether the veteran's current back disability is related to his service.

The Board has determined that the veteran's service-connected PTSD is causally related to his hypertensive cardiovascular disease, and grants a 70 percent disability rating for PTSD.

The Board has determined that the veteran's current bilateral defective hearing is related to service and grants service connection for this condition.

The RO denied the appellant's claim for an effective date earlier than December 20, 1999, for the award of non-service-connected pension benefits with additional special monthly pension (SMP) based on the need for aid and attendance (A&A), for purposes of accrued benefits.

The Board determined that new and material evidence had not been received to reopen the forfeiture decision, which declared a forfeiture of all rights, claims, and benefits under laws administered by VA. As such, the appellant's claim may not be reopened.