Other conditions decisions — 2005

The VA determined that the veteran's scoliosis is a congenital condition and not related to service, thus denying his claim for service connection.

The Board determined that the veteran was not on active duty or reserve status at the time of his death, and therefore denied service connection for the cause of his death.

The Board has vacated its March 2005 decision denying service connection for bilateral hearing loss and PTSD, finding that the original decision was based on an incomplete record.

The Board has remanded the case for further development, including obtaining medical records from various facilities and asking the veteran to provide additional information about his treatment. The appeal is not about service connection but rather whether new evidence supports reopening a claim.

The Board has determined that the appellant does not have a current chest or respiratory disorder related to his service, specifically the August 1997 ACDUTRA accident. The VA examiner found no evidence of a connection between the claimed condition and service.

The veteran's claim for special monthly compensation based on the need for aid and attendance or confinement due to his service-connected manic depressive reaction is being remanded for further development, including a VA examination.

The veteran's claims for increased ratings for her service-connected hysterectomy residuals and pelvic adhesions, as well as her claim for a total disability rating based on individual unemployability (TDIU), were denied due to her failure to report for scheduled VA examinations. Her TDIU claim is inextricably intertwined with the other two claims.

The veteran's urinary disability is not considered to be related to the VA treatment in October 1970, and therefore, he does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The veteran's claim for an earlier effective date for restored compensation prior to June 18, 2002, was denied as the RO found that the appropriate effective date is June 18, 2002.

The Board found that the veteran is not competent for VA purposes due to her mental incapacity and compulsive spending.

The Board has determined that further development is required due to the need for new and material evidence to reopen the claim of service connection for a right hip disorder. The initial rating for lumbosacral strain remains under review.

The Board denied the veteran's claim for recognition as a 'former prisoner-of-war' due to lack of certification from the service department confirming his POW status, and because he did not meet the legal definition of a former POW under VA regulations.

The VA denied an increased evaluation for the veteran's varicose veins of the right lower extremity, currently rated at 40 percent.

The Board has determined that the evidence submitted since the February 2000 rating decision is not 'new and material' as contemplated by VA regulations, and thus does not provide a basis to reopen the veteran's claim of entitlement to service connection on a secondary basis for a right hip disorder.

The Board has determined that the appellant does not have qualifying service and therefore is not eligible for VA benefits.

The Board has determined that the veteran's in-service stressor of receiving incoming fire by the enemy has been corroborated, and therefore service connection for post-traumatic stress disorder is granted.

The veteran's claims for increased ratings for postoperative residuals of a right inguinal hernia repair and nasal submucous resection were denied by the RO, with no new evidence provided to reopen the cases.

The Board has granted service connection for sacroiliitis, but denied service connection for bilateral hip, leg, and foot disorders.

The Board has determined that the veteran's claim for compensation under 38 U.S.C.A. § 1151 is not reopened due to lack of new and material evidence, and thus remains denied.

The Board has determined that there is no evidence of a direct link between the veteran's service and his current right hip disorder, nor any secondary relationship to his service-connected right knee disability. The claim for service connection is therefore denied.