Other conditions decisions — 2005

The Board finds that the veteran's service-connected frostbite did not cause or contribute substantially to his death from a cerebrovascular accident. The VA medical records show he had severe peripheral vascular disease (PVD), which was attributed by an expert to chronic effects of frostbite during active service.

The veteran's claim for a higher evaluation of his colitis is being remanded to the RO for additional development, including consideration of recent Navy service medical records and VA outpatient treatment records.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of left inguinal hernia recurrence or thrombophlebitis. The right leg numbness claim was also denied as it did not meet the criteria for service connection.

The veteran's appeal to establish timeliness of a notice of disagreement (NOD) with the April 1998 rating decision assigning an effective date of January 16, 1997 for his service-connected disabilities was denied as he did not file a timely NOD within one year of receiving notification of the decision.

The Board has granted service connection for residuals of cold injury to the hands and feet, finding that the veteran incurred such injuries in service. The claim for reopening the osteoarthropathy of the fingers and toes was denied as new and material evidence had not been submitted.

The Board has remanded the case for further evaluation to determine if the veteran's current 'heat induced motility disorder' is related to his heat exhaustion in service and whether he has any residual disability as a result.

The veteran is seeking an initial increased rating for her residuals of a bilateral ovarian cystectomy. The case has been remanded due to the need for additional development, including review of new medical evidence and scheduling of a VA examination.

The veteran's claim for tutorial assistance from January to May 2002 was denied as the school did not certify a deficiency in any required course or one that is a prerequisite or indispensable to his program of education.

The veteran's claims for increased evaluations were denied. The highest possible rating of 30 percent has been assigned for postoperative residuals of a vaginal hysterectomy with history of uterine prolapse, and the veteran is receiving special monthly compensation based on anatomical loss of a creative organ.

The Board denied the veteran's claim for an effective date prior to January 1, 2003, for additional compensation benefits based on a dependent spouse. The decision found that the earliest effective date was December 11, 2002, and thus the earliest possible effective date is January 1, 2003.

The Board has determined that the veteran's PTSD is due to his active military service and grants the claim for service connection.

The Board finds that the veteran did not have service-connected disabilities rated as 100% disabling for at least 10 years prior to his death, and thus does not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board found that the overpayment of VA funds was limited to the amount paid during the period from January 1, 1982, through July 31, 1990. The appellant's claim for waiver of recovery of this overpayment is also remanded.

The Board has decided to remand the case for further development and readjudication, including consideration of accrued benefits.

The Board has determined that the veteran's lung disability, which was first diagnosed in 1998, is not related to service or exposure to herbicides. The claim for service connection is denied.

The Board denied the veteran's claims for service connection for a left hand injury and spinal cord injury, as well as his application for nonservice-connected disability pension. The decision found no current disabilities associated with these conditions and that the appellant did not have qualifying service for the benefits sought.

The case is being remanded due to new evidence submitted by the appellant. The AOJ will review this evidence and provide a supplemental statement of the case if necessary.

The Board has determined that the appellant is not entitled to recognition as the veteran's surviving spouse for dependency and indemnity compensation (DIC) purposes due to a lack of evidence establishing a valid marriage between the veteran and the claimant.

The Board has determined that the veteran's right testicular seminoma was first manifest within one year following service and granted service connection on a presumptive basis.

The veteran's death was not due to service-connected conditions, and the maximum burial benefits for a nonservice-connected death have been awarded.