Other conditions decisions — 2004

The veteran's claims for increased ratings for residuals of excision of a hemangioma, right forearm and limitation of motion of the right elbow were denied. The RO found that the schedular criteria did not meet the requirements for higher evaluations.

The veteran's knee disorders are rated as 10 percent disabling for degenerative joint disease, but no higher. The RO denied entitlement to increased ratings or TDIU based on these conditions.

The veteran's death was caused by bronchogenic carcinoma, which is presumed to have been due to his exposure to Agent Orange during service. The appellant is entitled to DIC benefits starting September 1, 1997.

The veteran's claim for an increased disability evaluation for service-connected endometriosis and pelvic adhesions has been remanded due to the need for additional development under VCAA.

The Board has remanded the case due to incomplete medical records and requests for additional information from the appellant.

The Board denied the appellant's claim for improved death pension benefits due to her countable income exceeding the maximum allowable annual pension rate from 1999 through 2003.

The Board found that the veteran's current refractive error is not related to her service and denied her claim for service connection. For her laceration of the right middle and index fingers, the Board determined that the disability does not warrant a higher rating as it does not cause unfavorable ankylosis or limit motion which would require amputation-level ratings.

The Board found that the veteran's diagnosed chronic, acquired psychiatric disorder (agoraphobia with panic attacks) was not present in service or until many years thereafter and is not related to service.

The Board denied the veteran's request for a waiver of overpayment in the amount of $20,981 due to her bad faith in keeping and spending funds she knew were not hers.

The Board has remanded the case for further development due to inadequate examination findings related to the veteran's hypertensive vascular disease.

The VA denied an increased rating for the veteran's residuals of a laceration, dorsum, left hand and base of left thumb, with tendon repair.

The veteran seeks compensation benefits under the criteria of 38 U.S.C.A. § 1151 for postoperative residuals of a hysterectomy, claiming that she was improperly treated at the Erie Pennsylvania VA Medical Center (VAMC), leading to her need for an abdominal hysterectomy and subsequent complications.

The Board has ordered additional development due to outstanding VA medical records and the veteran's response indicating additional relevant evidence exists in his medical records.

The Board has granted the appellant's request for waiver of recovery of an overpayment of apportioned VA pension benefits in the amount of $800, finding that it would be against the principles of equity and good conscience to require her to pay this debt.

The Board denied the veteran's claim for service connection for right breast cancer, finding that it was not incurred or aggravated by active duty and not due to herbicide exposure in Vietnam.

The Board granted service connection for hypertensive vascular disease and non-Hodgkin's lymphoma at the T2 level as a result of exposure to ionizing radiation. The claim for spinal cord compression at the T6 level was also granted. A 60 percent evaluation was assigned for disability of the lumbosacral spine, effective from March 30, 1999.

The Board denied the claim of service connection for the cause of the veteran's death, finding that no established event or condition in service caused his death. The Board also found that there was insufficient evidence to connect any current disabilities with service.

The veteran's claim for an increased evaluation for his service-connected varicose veins in the right leg is being remanded due to new evidence and a need for further examination.

The Board denied the veteran's claim for service connection for residuals of dental trauma, finding that his condition was not incurred in or aggravated by service and did not meet the criteria for VA outpatient dental treatment.

The Board has determined that new and material evidence was not submitted to reopen the claim for service connection for dengue fever. The veteran's application to reopen his claim is denied.