Other conditions decisions — 2005

The Board denied the appellant's application to reopen her claim for service connection for the cause of the veteran's death, finding no new and material evidence.

The veteran's appeal is being remanded for additional development at the RO level.

The veteran's cardiovascular disability, including hypertensive cardiovascular disease with left ventricular hypertrophy, is found to be related to his service-connected psychophysiological cardiovascular reaction.,The veteran's prostatitis has been rated at the highest possible rating of 60 percent due to urinary incontinence requiring absorbent materials five times per day.

The Board found that the veteran's genitourinary disorder was not caused by VA carelessness, negligence, or error in judgment. The decision stated that the condition had a natural progression and required additional procedures.

The Board denied the veteran's claim for service connection for a cardiac disorder secondary to his PTSD, and also denied the appellant's request for accrued benefits in excess of $1,325.

The Board determined that the veteran's service-connected spondylolisthesis of the lower spine does not meet or approximate the criteria for a disability evaluation in excess of 40 percent.

The Board found that the veteran's failure to report his spouse's employment income did not arise from fraud, misrepresentation or bad faith. The overpayment was caused by the veteran's omission rather than commission of an act. Given the evidence, the Board determined that recovery would be against equity and good conscience due to the veteran's financial hardship and VA's minimal fault in creating the overpayment.

The veteran's claim for a rating in excess of 20 percent for his thoracic spine disability was denied by the Board, as there is no evidence showing limitation of motion or ankylosis that would warrant a higher rating under the revised criteria.

The Board has determined that the appellant does not have a current gastrointestinal disorder and therefore, service connection for this condition is denied.

The Board's October 1991 decision denying TDIU was reversed due to clear and unmistakable error in failing to consider a VA medical opinion that the veteran was unemployable as a result of his service-connected disabilities.

The VA denied the veteran's claim for an evaluation in excess of 30 percent for residuals of a left thumb injury with a permanent metallic suture and an injury to Muscle Group VII, finding that the disability is manifested by limited motion and strength.

The Board denied compensable ratings for service-connected otitis media and externa otitis of the right ear, as well as service connection for hearing loss of the right ear claimed as secondary to these conditions. The evidence did not support a finding that the veteran's current right ear hearing loss was related to his in-service otitis media or externa otitis.

The veteran's appeal is being remanded for additional development, including a new examination to assess the current severity of his service-connected left heel disorder.

The Board denied the veteran's claim for service connection for ulcers, finding that new and material evidence had not been submitted to reopen a previously denied claim.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board found that the veteran does not have current residuals of a Mallory-Weiss tear and thus, there is no evidence to support his claim for benefits under 38 U.S.C. § 1151.

The Board found that the veteran's right shoulder disability, characterized by degenerative changes and limited motion, does not warrant a rating in excess of 20 percent.

The veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's surviving spouse is not eligible for death pension benefits as the appellant was legally divorced from the veteran at the time of his death.

The Board denied the appellant's claim for veteran status, finding that he did not serve in active military service and thus is ineligible for VA benefits.