Other conditions decisions — 2004

The Board has ordered the RO to remand this case for additional development, including obtaining terminal hospital records and ensuring proper representation. The appeal is currently in a pending state.

The veteran's claim for an increased evaluation for his service-connected serous otitis media of the right ear is being remanded to allow further development, including consideration of whether an extraschedular rating is warranted due to marked interference with employment and frequent hospitalizations.

The Board has granted service connection for post-traumatic stress disorder (PTSD) based on combat exposure during active duty. The veteran's other claims for stomach condition and bilateral hearing loss are not addressed in this decision.

The Board denied the appellant's claim for increased improved death pension benefits based on unreimbursed medical expenses, finding that there was no evidence in the file at the time of her death that would have permitted entitlement to an increase in improved death pension benefits due to impossible prospective estimation of future medical expenses.

The VA determined that there is no evidence linking the veteran's claimed disability of the left hand and fingers to his service, and thus denied his claim for service connection.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his back disability.

The Board has granted a rating of 30 percent for the veteran's service-connected chronic enteritis, finding that his symptoms meet the criteria for this level of disability.

The Board has determined that the veteran does not have any residuals of a staphylococcus infection of the right lower extremity, and therefore compensation benefits under 38 U.S.C.A. § 1151 are denied.

The Board has determined that the veteran's disability of the left leg, specifically Muscle Group XI, warrants a 10 percent rating. The veteran's condition is characterized by retained metallic fragments, some degree of intramuscular scarring, and slight loss of muscle softness around the area of the scar.

The Board denied the veteran's claims for higher ratings for his L1 fracture with myalgia and thoracic injury with myalgia, finding that the evidence did not support a rating in excess of 30 percent or 10 percent, respectively.

The Board denied the appellant's claims for earlier effective dates for his service-connected right thigh, lower leg, and foot disabilities. The Board found that the reductions in evaluations were not final due to lack of appeal, and that there was no evidence showing an increase in severity within one year prior to the April 7, 1998 claim.

The Board has remanded the case for further action, including verification of military service and a determination on the veteran's eligibility for educational benefits under Chapter 1606 and Chapter 32. The RO must ensure that all relevant evidence is considered and that the veteran is provided with proper notice.

The Board has remanded the case due to incomplete development regarding the creation of an overpayment. The veteran must provide a report of unreimbursed medical expenses paid in 2000 for consideration.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension in the amount of $18,190 due to her failure to file a timely request within the 180-day period allowed following notification of the overpayment.

The veteran's death was caused by post-operative adhesions, partial gut obstruction, and cardiopulmonary arrest. These conditions were not service-connected.

The Board has remanded the case due to failure to provide proper VCAA notice and for obtaining service medical records. The appeal will be reconsidered after these actions.

The VA denied the veteran's claim of entitlement to service connection for lower back pain, finding no evidence of in-service treatment or a link between current condition and service.

The veteran's appeal for a waiver of overpayment of pension benefits was denied due to financial hardship and incomplete information provided in his financial status report.

The Board has determined that the appellant's military service does not meet threshold eligibility requirements for VA pension benefits due to it not being during a period of war.

The Board has remanded the case due to insufficient medical evidence regarding whether the veteran's fatal cancer was a respiratory cancer, and requests further clarification from the appellant.