Other conditions decisions — 2005

The veteran's appeal is being remanded for compliance with the Veterans Claims Assistance Act of 2000 and to obtain a more recent examination.

The VA denied the veteran's claim for an increased rating for his service-connected gunshot wound of the left shoulder, Muscle Group III. The evidence showed that he had a healed wound with some residual symptoms but no new or aggravating conditions.

The Board found that the veteran was solely at fault in creating the overpayment and granted a waiver of overpayment, as repayment would not violate principles of equity and good conscience.

The Board denied an earlier effective date for a 40 percent evaluation for right footdrop, finding that the earliest allowable date was February 24, 1988.

The Board denied the veteran's claim for an earlier effective date for service connection of postoperative left eye cataract residuals, finding that the earliest date of receipt of a claim was December 9, 1992.

The Board denied the veteran's claim for service connection for pulmonary fibrosis, finding that new and material evidence had not been submitted to reopen his previously denied claim. The case was remanded multiple times due to issues with obtaining private medical records.

The Board denied increased evaluations for the veteran's shell fragment wound disabilities, finding that the current ratings adequately reflect the severity of his conditions.

The Board found that the veteran's coccygeal disability, including a fractured coccyx, was not service-connected due to lack of evidence supporting this claim.

The Board has determined that the case requires further action due to notification and assistance issues, including providing proper VCAA notice.

The Board is considering whether new and material evidence has been submitted to reopen the appellant's claim for VA benefits. The appeal involves determining if there is sufficient evidence to support reopening a previously denied claim.

The veteran's claims for service connection for shortness of breath, body weakness, and musculoskeletal pain have been denied as these symptoms are not associated with a diagnosed disability.

The Board found that the cause of the veteran's death, myocardial infarction due to arteriosclerotic cardiovascular disease, was not related to his service-connected disabilities or any other condition. The Board concluded that the veteran's death was not caused by a service-connected disability.

The Board has denied the veteran's claim for service connection for residuals of a broken jaw, finding that there is no evidence linking his current condition to any incident during service and concluding that it began many years after service.

The Board denied the veteran's claim of entitlement to service connection for a right leg disability, finding that there was no evidence of such an injury during his active duty and no current residuals. The decision also noted inconsistencies in the veteran's reported history regarding which leg he injured.

The VA determined that the veteran does not have post traumatic stress disorder as a result of service, and thus denied his claim.

The Board denied service connection for non-Hodgkin's lymphoma, finding no evidence of exposure to Agent Orange during the appellant's military service in Thailand and thus unable to establish presumptive or direct service connection.

The appellant's claim for reinstatement of VA death pension benefits as the surviving spouse of her deceased husband is being remanded due to a pending request for a hearing before a Veterans Law Judge at the RO level.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for residuals of a back injury. The veteran provided additional medical records, statements from his wife and friend, and other supporting documents which were not previously considered.

The veteran seeks compensation under the provisions of 38 U.S.C.A. § 1151 for blindness of the right eye, claimed as due to treatment at a Department of Veterans Affairs medical facility in 1994. The Board has determined that an independent medical opinion is required and the matter is being remanded for further development.

The Board has determined that there is no competent evidence linking the veteran's rectal bleeding to his service-connected postoperative right inguinal herniorrhaphy or medications used for it, and thus denied the claim.