Other conditions decisions — 2004

The veteran's claim for an increased rating for post-operative intervertebral disc syndrome is being remanded due to the need for additional development, including obtaining medical records and information from Social Security Administration.

The Board denied the veteran's claim for a compensable rating for service-connected residuals of gunshot wound to the right upper arm, finding that there was no pathological manifestations of the veteran's subjective complaints attributable to the residuals.

The Board has dismissed the appeal due to the appellant's request for withdrawal of his appeal prior to the promulgation of a decision.

The veteran's psychotic disorder was characterized by normal cognitive processes, an absence of psychotic symptoms, and occasional feelings of depression prior to July 1, 2003. Subsequently, his condition improved with occasional suspiciousness but no significant psychotic symptoms.

The veteran's claims for increased ratings for calluses of the feet and inguinal hernia residuals were denied as his conditions did not meet the criteria for a higher rating.

The VA has denied an increased evaluation for the veteran's varicose veins of the right leg, currently rated at 20 percent.

The veteran's income has consistently exceeded the maximum annual pension rate, thus he is not eligible for VA nonservice-connected pension benefits.

The Board has remanded the case for further examination and opinion to determine if the veteran's fatigue is due to an undiagnosed illness or a known condition related to service.

The veteran's claim for a compensable evaluation for fibrocystic changes of the left breast is being remanded due to the need for additional medical examination and consideration of revised rating criteria.

The Board has granted the veteran's request for waiver of an overpayment of compensation benefits in the amount of $1,732.80, finding that repayment would be against equity and good conscience due to the veteran's financial hardship.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a left leg disability including a tumor. The Board finds it reasonable to conclude that the preexisting residuals of a left leg fracture were altered in nature due to service, including the development of a tumor.

The Board determined that the veteran's appeal was not timely filed, and thus dismissed the case.

The veteran's claim for an initial rating higher than 30 percent for abdominal adhesions is denied.

The Board denied the veteran's claims for higher initial evaluations for varicose veins in both his right and left legs, finding that the current 10 percent disability ratings adequately reflect the severity of these disabilities. The claim for service connection for an upper back disorder was also denied.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has reopened the veteran's claim of service connection for a disability manifested by leg length discrepancy, but it is not clear whether this new evidence supports or contradicts the original denial. The case will be remanded to allow further development and consideration.

The VA determined that the appellant did not have valid military service with the United States Armed Forces, and therefore denied his claim for VA benefits.

The veteran's initial ratings for his service-connected conditions have been denied. The RO has assigned a 40 percent rating for discogenic disease, residuals of surgery, lumbar spine; a 10 percent rating for saphenous nerve palsy, left lower extremity; and no compensable rating for basal cell carcinoma, left eyebrow (postoperative).

The veteran's back strain, muscle spasm was initially rated at 10 percent prior to July 26, 1999 and increased to 20 percent as of that date. The current evaluation is appropriate given the evidence showing chronic pain with some limitation in motion.

The veteran's dysthemia was not incurred in or aggravated by active service and is not related to his service-connected disabilities. The veteran does not have a need for regular aid and attendance due to his service-connected disabilities.