Other conditions decisions — 2004

The Board denied the appellant's claims for service connection for the cause of her husband's death and benefits under 38 U.S.C.A. § 1151 (presumed service-connected condition) and 38 U.S.C.A. § 1318 (unemployability).

The Board has remanded the case due to inadequate notice and failure to obtain SSA disability records.

The Board found that the overpayment in the amount of $5,014 for the period of January 1, 1995 to May 31, 1996 was properly created and reduced by the VA's error.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a skin disorder, claimed due to herbicide exposure. The veteran's claim is granted.

The Board has remanded the case for additional development of evidence, including obtaining private medical records from The University of North Carolina, Chapel Hill Hospital.

The Board has determined that additional development is needed to determine if the veteran's genitourinary disability, manifested by urinary frequency, was caused or aggravated by his service-connected residuals of a fracture of the left pubic ramus. The case will be remanded for further action.

The Board found that the veteran's claimed gunshot wounds to the right arm and chest were not incurred in service, thus denying his claim for service connection.

The Board found that the veteran's cystic fibrosis was not incurred in or aggravated by active service and denied his claim for service connection.

The Board has granted service connection for social phobia and found that the veteran's adjustment disorder with depressed mood is related to his military service. The issue of an increased rating for adjustment disorder with depressed mood remains pending.

The Board has determined that the veteran does not have a serious employment handicap due to his left arm disability, and therefore, he is not entitled to an extension of his basic period of eligibility for VR services.

The Board has determined that the veteran experienced additional disability as a result of VA surgery in January 2000, which resulted in a significantly worsened right thoracic thigh hernia. The proximate cause of this disability was carelessness or negligence on the part of the VA surgeon.

The Board found that the veteran's CVA was not due to his use of a nicotine skin patch prescribed by VA, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board found no evidence linking the veteran's herniated nucleus pulposus at L5-S1 to his service or any incident therein, and denied both his claim for service connection and his request for an increased rating.

The Board denied the veteran's claim for service connection for dental injuries, finding that there was no evidence showing a current disability related to service.

The Board denied the claim for service connection for the cause of the veteran's death due to ALS, finding that no new and material evidence had been submitted.

The veteran's claim for a permanent and total disability rating based on nonservice-connected disability for pension purposes was denied as he did not meet the eligibility requirements due to insufficient service or a pre-existing condition found at discharge.

The veteran's post traumatic stress disorder is productive of occupational and social impairment with reduced reliability and productivity, warranting a rating of 50 percent.

The Board has remanded the case to the RO for further development and consideration, including obtaining records from a Gulf War Center evaluation and ensuring all notification requirements are met.

The Board has remanded the case due to incomplete records and further development is required.

The veteran's claim for an increased rating for his service-connected psychological factors affecting physical condition (previously rated as dyspeptic syndrome with nervous anxiety) is currently in appellate status. The RO has been instructed to obtain the veteran's current treatment records from the VA Outpatient Clinic in McAllen, Texas and associate them with the claims file.