Other conditions decisions — 2004

The veteran's case is pending and as such he does not need to submit new and material evidence to reopen a claim. The RO must ensure compliance with all notice and assistance requirements in the VCAA, schedule him for a VA medical examination, and readjudicate his service connection claim.

The Board found that the veteran's left knee disability does not present an exceptional or unusual case, and thus did not warrant an extraschedular evaluation.

The Board denied the veteran's claim for service connection for a chronic acquired skin disorder, finding that there was no evidence linking his current condition to his military service or mustard gas exposure.

The veteran's claim for an increased rating for his left elbow condition is being remanded due to the need for additional development, including obtaining medical records and a Travel Board hearing.

The veteran's appeal is being remanded for further development, including a new VA examination and VCAA notification.

The Board denied the veteran's claim of service connection for a tremors disability, finding that there was no evidence linking the condition to his active duty service.

The Board has determined that the veteran's bilateral postoperative inguinal hernias, recurrent on the left and non-recurrent on the right, warrants a 60 percent disability rating based on its characteristics of large, postoperative, recurrent, not well supported under ordinary conditions, and not readily reducible. The examination report indicated that it is considered inoperable.

The Board has remanded the case for further development, including addressing whether the appellant may be recognized as the surviving spouse of the veteran for VA dependency and indemnity compensation benefits. The issue of service connection for cause of death remains on appeal.

The veteran is seeking to reopen a claim for service connection for lipomas, which he claims are secondary to herbicide exposure. The appeal is currently remanded due to the need for VCAA compliance and additional evidence.

The Board has remanded the case for further development and adjudication due to failure to sufficiently articulate VCAA notification requirements.

The Board has remanded the case due to a lack of proper VCAA notice and for further development, including obtaining medical records and providing an opinion on whether the veteran's cardiomyopathy is related to his service-connected malaria.

The veteran's appeal for educational assistance benefits under Chapter 30 was denied because she did not meet the basic eligibility requirements due to her service duration and reason of separation.

The Board has remanded the case for further development, including obtaining additional medical records and conducting a VA examination to assess the severity of the veteran's service-connected psychiatric disorder.

The Board denied the veteran's request for waiver of recovery of overpayment of non-service-connected disability pension benefits, finding that recovery would not be against equity and good conscience.

The veteran's claim for payment of medical expenses incurred during hospitalization at Memorial Medical Center was granted, as the criteria for VA reimbursement were met.

The veteran's dysthymic disorder is currently rated at 50 percent, and his history of low back strain with degenerative disc disease at L5-S1 is also rated at 50 percent. Both conditions are considered to be service-connected based on direct evidence.

The Board denied the veteran's claim for an evaluation in excess of 20 percent for her service-connected left leg post-operative varicose veins with a history of thrombophlebitis, finding that her disability manifested by persistent edema without stasis pigmentation or eczema.

The Board has determined that the veteran's paroxysmal supraventricular tachychardia is related to his active service, and therefore grants service connection for this condition. The decision on mitral valve prolapse remains pending as it was not addressed in the original appeal.

The Board denied the veteran's claims for dependency and indemnity compensation under 38 U.S.C.A. § 1318, as well as his claim for service connection for the cause of death due to lack of evidence meeting the criteria.

The Board found that the overpayment of VA improved death pension benefits was properly created and denied the appellant's request for a waiver of recovery. The Committee on Waivers and Compromises previously denied the waiver, finding no fraud, misrepresentation or bad faith in the appellant's failure to report her and her minor children's receipt of Social Security benefits.