Other conditions decisions — 2004

The Board has reopened the veteran's claim of service connection for residuals of a left orchiectomy due to new and material evidence submitted.

The veteran's appeal is being remanded for further examination and development of his claims, including obtaining medical records and providing the veteran with VA examinations to address his eye disorder and service-connected residuals of cold injury.

The Board has determined that the appellant's claim regarding the amount and validity of the overpayment needs to be addressed in conjunction with his waiver request. The case is being remanded for further development.

The Board has ordered the case back to the RO for additional development, including obtaining medical records and providing a VA ophthalmologic examination.

The veteran's claims for service connection and an initial rating were denied. The Board is remanding the case to allow for further development of evidence.

The VA has determined that the veteran's residuals of lacerations and fractures of the index, middle, and ring fingers of the right hand do not warrant a rating in excess of 20 percent.

The Board denied the veteran's claim for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $4,310.00 due to a failure to report spousal income from 1995.

The Board has remanded the case due to issues being intertwined and additional development is required. The veteran's claim for service connection for an eye disorder secondary to service-connected diabetes mellitus, type II, will be adjudicated together.

The veteran's left eye is enucleated, and his right eye has a visual acuity of 20/15. The RO granted a 40 percent rating for anatomical loss of the left eye under Diagnostic Code 6066.

The Board found that the veteran's pulmonary disability was not caused by VA medical treatment, and thus denied his claim under 38 U.S.C. § 1151.

The Board denied the veteran's claim for service connection for a skin disorder due to exposure to Agent Orange, finding no evidence of such a condition during or within one year after service.

The veteran's claim for increased ratings for panic disorder with agoraphobia was granted, with a rating of 30 percent effective June 1997 and 50 percent effective January 6, 1999.

The Board found that the veteran's right eye blindness was not caused by VA treatment during his hospitalization in February to March 1989, and therefore denied his claim.

The veteran's prostatic adenocarcinoma is presumed to have been incurred in service due to exposure to Agent Orange, and the Board granted this claim.

The Board has determined that the veteran's skin disorder was not incurred or aggravated by active military service and cannot be presumed to have been so incurred. The dorsal kyphosis with exaggerated lordic curve and favorable ankylosing spondylitis is rated at 40 percent, as it was initially granted in a prior decision.

The Board has determined that the veteran's service-connected ankylostomiasis and muscle injury residuals of a bullet wound to the left thigh warrant a compensable evaluation. The entrance and exit scars from the bullet wound are also rated as noncompensably disabling.

The Board denied the appellant's claim to be recognized as the surviving spouse of the veteran for VA benefit purposes due to a valid divorce decree between the veteran and the appellant, which prevented her from being considered a legal spouse at the time of the veteran's death.

The Board denied the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318, finding that the veteran did not meet the criteria for total disability due to service-connected disability for a period of at least ten years prior to his death.

The VA denied the veteran's claim for an initial evaluation in excess of 10 percent for a vocal cord disorder, finding that his symptoms did not meet the criteria for a higher rating under Diagnostic Code 6516.

The Board has dismissed the appeal as it does not have jurisdiction over the issue of entitlement to DIC under the provisions of 38 U.S.C.A. § 1318.