Other conditions decisions — 2004

The Board has remanded the case to the RO for additional procedural development and a VA ophthalmologic examination.

The Board is remanding the case to determine whether the overpayment of death pension benefits currently calculated as $20,303 was due solely to VA administrative error. The appellant's representative contends that the entire overpayment should be waived due to sole VA administrative error.

The Board has determined that new and material evidence has been received to reopen the appellant's claim for revocation of the forfeiture of entitlement to VA benefits previously declared against her. As a result, the issue will be addressed further.

The Board has determined that the veteran's loss of teeth is not service-connected, as there was no in-service injury or disease noted at entry into service and no evidence of aggravation during service. The veteran did not file a claim within one year after discharge from service.

The Board found no evidence of a current joint and bone pain disorder, including arthritis, until many years after service. The veteran's exposure to cold during service is not considered related to his current complaints.

The Board determined that the veteran's pre-existing left eye disorder was not aggravated by his active service, and thus denied his claim for service connection.

The veteran's prostate condition is aggravated by his service-connected kidney condition and therefore is related to his service.

The Board found that the veteran's congestive heart failure was not caused by VA treatment in November and December 1999, and thus denied his claim under 38 U.S.C.A. § 1151.

The veteran's shell fragment wounds to the right buttock and leg do not meet the criteria for increased ratings as they do not cause moderate or severe impairment.

The VA determined that there is no current disability resulting from the veteran's in-service right femoral neck injury, and thus denied her claim for service connection.

The Board has determined that new and material evidence has been presented to reopen the claim, allowing for consideration of whether the appellant can be recognized as the surviving spouse for death pension benefits.

The Board found that new and material evidence had not been received to reopen the appellant's claim for recognition as the veteran's surviving spouse, resulting in a mixed decision where some issues were granted (the reopening of the claim) and others were denied.

The Board denied the appellant's claim for an earlier effective date prior to February 11, 1998 for service connection for cause of death benefits. The RO had previously denied her claim in February 1996 and she did not file a notice of disagreement or appeal this decision.

The Board denied the veteran's claim to reopen his service connection for residuals of a right leg injury as new and material evidence was not submitted.

The claim for service connection for the cause of the veteran's death is being remanded due to uncertainty regarding who prescribed methadone and the need to obtain medical records.

The veteran's appeal is remanded for additional development, including scheduling a VA examination and obtaining relevant medical records.

The veteran's claim for an increased evaluation of his left knee disability is being remanded, and the issue of service connection for arthritis and a Baker's cyst of the left knee is also being referred to the RO.

The Board denied an increased rating for peritoneal adhesions without intestinal obstruction, finding that the current 30 percent evaluation adequately compensates the veteran's condition.

The case is being remanded to the RO for further development of evidence, including obtaining VA outpatient treatment records and scheduling a medical examination. The veteran's claim will be reconsidered after these steps.

The Board denied the veteran's claim for nonservice-connected pension benefits, finding that he did not meet the eligibility criteria due to insufficient active military service.