Other conditions decisions — 2004

The Board denied service connection for chronic pain syndrome and dismissed the appeal seeking service connection for dysthymic disorder, as the veteran's current psychiatric diagnoses have been diagnosed as PTSD.

The Board has dismissed the appeal as to entitlement to service connection for the cause of the veteran's death and entitlement to Dependent's Educational Assistance (DEA) under the provisions of 38 U.S.C.A. Chapter 35, as these issues have been resolved by a December 2003 rating decision.

The Board found that the veteran's back disability is not service-connected, as there was no evidence of a chronic condition during or immediately after service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of a chronic acquired variously diagnosed skin disorder. The RO previously denied this claim in December 1993, but the veteran presented additional evidence since then which is significant enough to warrant reconsideration.

The Board has granted a waiver of the overpayment of $3,600.00 in pension benefits due to the veteran's financial hardship and lack of fault.

The veteran's appeal was dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the veteran's claims for service connection for gastrointestinal and urogenital disabilities, claimed as due to asbestos exposure during service, have been withdrawn. The latest medical evidence does not show any current condition of asbestosis or other pulmonary issues.

The veteran's ulcerative colitis is found to have likely begun during active military service and is granted as a result.

The veteran's service-connected undifferentiated somatoform disorder, which includes a psychogenic gastrointestinal reaction, is not shown to be of such severity as to warrant a rating in excess of 30 percent. The claim for total disability rating based on individual unemployability due to the service-connected condition also failed.

The Board denied the appellant's claim for basic eligibility to Department of Veterans Affairs (VA) benefits due to a lack of qualifying service in the United States Armed Forces, thus denying his request for VA benefits.

The veteran's dysthymic disorder was rated at 50 percent prior to March 9, 2000. The effective date for the grant of total disability evaluation based on individual unemployability (TDIU) is September 20, 1994.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for pulmonary emboli due to thrombophlebitis, which he claims was caused by VA medical treatment. The claim has been remanded for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The Board found that the appellant's currently diagnosed TMJ dysfunction is not related to his military service, specifically an in-service injury where he had his teeth wired. The evidence does not support a finding of direct service connection.

The Board denied service connection for spastic paraplegia of the lower extremities, finding that it was not proximately due to or caused by treatment received for a service-connected condition.

The veteran seeks an earlier effective date for the award of increased compensation based on his spouse being in need of regular aid and attendance. The Board denied this claim, finding that no additional evidence was provided to support a prior effective date.

The veteran is seeking service connection for a right hip disorder that is secondary to his already service-connected left knee disorder. The case has been remanded due to the need to obtain private treatment records related to the right hip replacement.

The VA denied the veteran's claims for a compensable evaluation for right patellar tendonitis from May 24, 1996 to June 15, 1998 and a rating in excess of 10 percent from June 16, 1998.

The Board has reopened the veteran's claim for service connection for residuals of neck and back injuries due to new evidence submitted since the last denial. The arthritis claim remains pending.

The VA denied the veteran's claims for increased ratings and service connection due to insufficient evidence of disability severity or a link between his conditions and military service.

The Board has granted an effective date of April 1, 1999 for the award of DIC benefits due to the appellant's informal claim for DIC received within 45 days after her husband's death.