Other conditions decisions — 2004

The Board has determined that the cause of the veteran's death, pneumonia, was related to his service-connected PTSD and chronic cirrhosis. As such, DIC benefits are granted.

The Board found that the veteran's request for waiver of overpayment of nonservice-connected pension benefits was timely filed, and thus granted the claim.

The Board denied the veteran's claim for an increased rating for his service-connected residuals of a laceration of the anus, finding that there was no evidence of current impairment warranting a compensable evaluation.

The Board found that the veteran's cause of death was not related to any service-connected condition, and thus denied entitlement to DIC benefits.

The VA determined that there were no chronic residuals or additional disability resulting from the removal of a surgical sponge during surgery for colon cancer, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's postoperative left inguinal hernia does not meet the criteria for a higher than 10 percent evaluation under Diagnostic Code 7338, as there is no evidence of recurrence or new symptoms warranting such an increase. The current 10 percent rating adequately reflects the veteran's condition.

The Board found no service connection for the cause of death and denied dependency and indemnity compensation under 38 U.S.C.A. § 1318.

The VA determined that the veteran's calcified pleural plaque and encephalomalacia, claimed as due to asbestos exposure in service, were not incurred or aggravated by her military service.

The Board has remanded the case due to the need for a VA examination and clarification of service connection issues.

The Board has determined that the veteran's son is entitled to an apportionment of his father's VA disability compensation benefits, effective from May 1, 2003 until June 1, 2004.

The Board denied a compensable disability rating for left epididymitis, finding that the veteran's service-connected condition did not meet the criteria for a higher rating based on its severity.

The veteran's appeal is being remanded for additional development, including a VA aid and attendance/housebound examination.

The Board denied the appellant's claim of service connection for the cause of her husband's death, finding no new and material evidence to reopen the claim.

The Board has determined that the veteran's death was caused by his service-connected cardiovascular disabilities, including myocardial infarction and stroke. As a former POW, these conditions are presumed to be related to his military service.

The veteran's claim for an effective date prior to September 18, 2000 for the grant of TDIU is being remanded due to a need for additional evidence from Social Security Administration.

The Board has determined that there is no indication of bad faith on the part of the veteran in creating the overpayment, thus allowing for a waiver of recovery of the $9,543.00 overpayment.

The Board granted service connection for the residuals of a mammoplasty and assigned an initial 10 percent rating. The veteran is also entitled to increased ratings for migraine headaches, adjustment disorder prior to September 17, 2002, and status post right fifth toe surgery.

The veteran is seeking service connection for polycythemia vera and gastrointestinal disability, both claimed to be due to exposure to ionizing radiation. The case has been remanded for further development regarding the validity of his claims.

The VA denied the veteran's claim for a disability rating in excess of 10 percent for adhesions of the peritoneum, finding that the evidence did not support such an increase based on his current symptoms and failure to attend scheduled examinations.

The Board denied a higher disability rating for the veteran's shell fragment wound of the neck with retained metallic fragment, finding that the evidence did not meet the criteria for a higher rating.