Other conditions decisions — 2004

The veteran's appeal is being remanded for further development of the evidence, including obtaining SSA records and considering a claim for clear and unmistakable error in the November 1996 rating decision. The earlier effective date claims are also being remanded.

The Board has remanded the case to the RO for scheduling a personal hearing before a Veterans Law Judge at the local VA office and clarifying whether the veteran still wishes to testify at such a hearing.

The Board found that the veteran's quadriplegia was not caused by VA treatment and denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for service connection for peptic ulcer disease and a liver disability, finding that these conditions are not proximately due to or aggravated by his service-connected PTSD. The Board also found no evidence of exposure to Agent Orange.

The Board denied service connection for cysts on various body parts and continued the 10% evaluation for the left hand scar. The veteran's claim for higher ratings was not addressed.

The veteran's service-connected post-operative hand injury residuals and dyshidrosis were granted, with a 10% evaluation for each condition.

The Board has determined that the veteran's liver and skin disorders are not related to his military service or exposure to herbicides in Vietnam. The claims for service connection have been denied.

The veteran's appeal is denied as he does not meet the basic eligibility criteria for educational assistance benefits under Chapter 30, Title 38, United States Code.

The Board determined that the veteran's claim to withhold his VA compensation benefits due to military separation pay was not legally merited and dismissed the appeal.

The Board denied the veteran's claim for entitlement to VA outpatient dental treatment as he did not have a service-connected compensable dental disability, and his current condition was not deemed to be complicating any medical condition being treated by VA.

The Board has determined that the veteran's service-connected Multiple Sclerosis (MS) materially contributed to his death, and therefore grants service connection for the cause of the veteran's death.

The veteran is seeking service connection for lung and liver disorders that he believes are related to his exposure to toxic chemicals during military service. The Board has determined that further examination is needed to determine the relationship between these conditions and his service.

The Board has determined that the veteran's dysthymic disorder warrants a 70 percent disability rating, which is the highest available under the applicable diagnostic code.

The veteran's claims for special monthly pension based on need for regular aid and attendance by another person, and housebound rate are being remanded due to the submission of new evidence and the need for additional VA examinations.

The VA determined that the veteran's hairless lesions on his back do not warrant an evaluation in excess of 30 percent, as they do not meet the criteria for a higher rating based on their current symptoms and clinical findings.

The Board found that the appellant's spouse did not have qualifying military service for VA benefits, and therefore denied basic eligibility for VA death benefits.

The Board found that the veteran was not at fault in creating the overpayment and that recovery would defeat the purpose of the pension program. Therefore, the debt was waived.

The Board has determined that the veteran's service-connected residuals from a gunshot wound to the left chest did cause or contribute substantially to his death due to pneumonia.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence to support a link between his brain tumor and his military service.

The Board denied the veteran's claim for service connection for pre-cancerous growths (polyps) status post colonoscopy as a result of exposure to ionizing radiation, concluding that there was no evidence linking his current condition to his military service.