Other conditions decisions — 2004

The Board found that a cerebrovascular accident and its residuals are not shown to be causally related to an incident or event of the veteran's military service, or caused by a service-connected headache disorder.

The Board finds that the veteran's service connection claim for meralgia paresthetica, claimed as secondary to her service-connected stress incontinence, is granted. The issue of service connection for hysterectomy as secondary to stress incontinence will be remanded.

The Board found no evidence of right arm nerve disability during service or for many years thereafter, and denied the veteran's claim for service connection.

The rating decision reduced the disability evaluation for the veteran's service-connected gunshot wound to the abdominal region from 100% to 0%, but this was found to be in error due to a failure to consider muscle group injuries resulting from the gunshot.

The Board denied the veteran's claims for service connection for the cause of death, legal entitlement to accrued benefits, and basic eligibility for non-service connected pension benefits due to lack of evidence linking his conditions to service.

The Board found that the appellant's current atrial arrhythmia was not caused or aggravated by any incident related to disease or injury incurred during active military service.

The Board denied the veteran's claim of service connection for tongue and mouth cancer, finding no new and material evidence to support his claim.

The Board denied the appellant's claim to reopen his previously denied pension benefits due to lack of new and material evidence regarding his wartime service.

The veteran's appeal is being remanded for further development, including scheduling a VA examination and providing additional VCAA notice.

The Board denied an increased rating for the veteran's laceration of the right forearm, finding that the scar is well-healed with no evidence of tenderness or limitation of function. The preponderance of the evidence does not support a compensable evaluation.

The VA granted service connection for skin symptomatology of herpes simplex virus and assigned a 10 percent disability rating, effective January 15, 2002.

The veteran's overpayment of improved disability pension benefits was denied due to his failure to report additional income, resulting in an overpayment. The Committee on Waivers and Compromises determined that the veteran had knowingly received improved pension benefits based on reported family income derived solely from Social Security Administration (SSA) payments.

The Board found that the veteran's current gastrointestinal disorder did not have its onset during service or result from disease or injury in service, and thus denied his claim for service connection.

The Board has determined that the veteran's detached retina is not due to a disease or injury incurred in service, nor is it proximately due to his service-connected diabetes mellitus. The Board found no evidence of a nexus between the veteran's military service and his current detached retina.

The Board has determined that the veteran does not have a current disability, other than his service-connected tinnitus, as a result of an in-service oral infection, claimed as gangrene. Therefore, the claim for service connection for residuals of an oral infection, claimed as gangrene, is denied.

The veteran's claim for payment or reimbursement of unauthorized ambulance expenses is denied under the provisions of 38 C.F.R. § 17.143, as his annual income exceeds the maximum rate of VA non-service-connected disability pension.

The Board denied the veteran's claims for increased ratings for residuals of stress fractures of his left and right tibias, finding that he does not have overall moderate impairment or significant limitation of motion in his knees.

The case is being remanded for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The veteran's service-connected gouty arthritis with degenerative joint disease of the right tarsal is currently rated at 20 percent, and the Board has remanded this issue for further development.

The Board has remanded the case due to the need for a VA examination and further development of the claim.