Other conditions decisions — 2004

The Board has denied the veteran's claims for service connection for residuals of a back injury and dental condition, finding that new and material evidence was not presented to reopen these claims.

The Board has remanded the case due to incomplete service medical records and other missing evidence. The appellant's claims for service connection are pending.

The Board has determined that the veteran's bilateral orchiectomy is due to his combat injuries sustained during service in Vietnam, and grants service connection for these residuals.

The veteran's claim for an initial rating in excess of 10 percent for vitiligo is being remanded due to the need for additional medical records and a new examination.

The Board found that the appellant's spouse had no recognized military service with the United States Armed Forces, and thus denied basic eligibility for VA death benefits.

The Board denied the veteran's claims for service connection for ASHD with residuals of MI and stent placement, finding no evidence that it was incurred or aggravated by active service.,The Board also denied the veteran's claim for service connection for elevated cholesterol, as this is not considered a disability for VA purposes.

The Board denied the appellant's request for waiver of recovery of an overpayment of pension benefits, finding that while she was at fault in creating the debt, collection would not be against equity and good conscience.

The Board found that the appellant's spouse had no recognized military service with the United States Armed Forces, and thus did not qualify as a veteran for VA benefits.

The Board denied the veteran's claims of service connection for chronic myelocytic leukemia and an initial rating in excess of 50 percent for post-traumatic stress disorder. The evidence submitted did not provide new and material evidence to reopen the claim for CML, nor was there sufficient evidence to establish a direct or presumptive link between the veteran's current condition and service.

The VA determined that the veteran's right leg varicose veins do not meet the criteria for an increased evaluation beyond the current 20% rating.

The VA denied the veteran's claim for service connection for residuals of an injury to the eyes, finding that there was no evidence showing a current disability resulted from an in-service event.

The Board has decided to remand the case for further development, including obtaining VA medical records and scheduling an examination to determine if the veteran's current neck disorder is related to his military service.

The Board has determined that the proper effective date for the apportionment of the veteran's non-service-connected pension benefits on behalf of his child, KLC, is June 19, 2000. The commencement date for payment of the apportionment was July 1, 2000.

The Board denied the veteran's claim for an earlier effective date of June 13, 1997 for service connection of a thoracic spine disability. The decision was based on the fact that no appeal was filed from the June 1990 denial of service connection for mechanical low back pain.

The veteran's claim for an initial compensable evaluation for residuals of a lacerated left eyelid was denied as the evidence did not meet the criteria for a compensable rating under the applicable diagnostic codes.

The Board found that the veteran's death was not incurred in the line of duty due to his voluntary intoxication, and thus denied DIC benefits.

The Board has ordered the case back for additional development, including obtaining military service records from Vietnam and a VA examination to determine if the veteran currently has malaria or its residuals, as well as whether his liver transplant is related to malaria or exposure to herbicides.

The Board has reopened the claim for service connection for residuals of frozen feet and granted it, finding that new evidence supports a reopening of the claim.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for residuals of a head injury, including convulsive disorder. The veteran's testimony and lay statements from family members indicate he developed seizures after a head injury in Vietnam, which is considered combat-related.

The Board denied the claim for reopening and granting service connection for arthritis, finding that new evidence did not meet the criteria to reopen the previously denied claim.