Other conditions decisions — 2005

The case is being returned to the RO for initial consideration of additional evidence without a waiver of RO review, and then for further adjudication.

The Board has reopened the appellant's claim regarding his character of discharge and found that new evidence supports a finding that he did not have dishonorable service. However, since his hearing loss disability is alleged to be related to his honorable service, he remains ineligible for VA compensation benefits.

The Board has determined that the veteran does not have residuals of food poisoning or a stomach condition, and thus service connection cannot be granted.

The veteran seeks an initial evaluation in excess of 10 percent for service-connected intervertebral disc syndrome. The Board has determined that a VA examination is needed to determine the severity of his spine disorder.

The Board has determined that the veteran's left vocal cord partial paralysis residuals do not meet the criteria for a rating in excess of 10 percent, as there is no evidence of thickening or nodules on biopsy. The preponderance of the evidence does not support an increased rating.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA vocational rehabilitation subsistence allowance, finding that recovery would not be against equity and good conscience.

The Board found that the right foot drop is not proximately due to or the result of the veteran's service-connected low back disability.

The Board denied the veteran's claim for service connection for PTSD and did not reopen his previously denied claim for surgical removal of undescended left testicle due to lack of new and material evidence.

The VA determined that the appellant does not have a service-connected dental condition resulting from trauma during active service.

The Board has remanded the case for compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and further development is required before a decision can be made on the issues of service connection for the cause of the veteran's death and entitlement to Survivors' and Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The veteran's daughter seeks accrued benefits based on unreimbursed medical expenses, but the VA determined that no such benefits are due as there were no unpaid VA benefits at the time of his death and he had no pending claims for additional VA benefits.

The veteran's claim for an increased rating for residuals of left inguinal hernia repair is being remanded due to his failure to appear for a scheduled VA examination. The RO will schedule the veteran for appropriate VA examinations and readjudicate the claims.

The case is being remanded to the RO for scheduling a hearing before the Board in Washington, DC. The appellant can choose between a personal hearing or a videoconference hearing.

The veteran is seeking service connection for a prolapsed uterus, lower abdominal pain, and stress incontinence. The Board has ordered additional development to obtain medical records related to her 1984 hysterectomy and to conduct a VA gynecological examination.

The Board found that no new and material evidence had been submitted to reopen the previously denied claim of service connection for back injury residuals.

The Board found that the veteran does not have decreased vision left eye as a result of service or as secondary to his service-connected disability, and therefore denied the claim for service connection.

The Board has granted a 10 percent disability rating for the veteran's service-connected left ear otitis media and healed perforation, which is currently rated as noncompensable.

The veteran's appeal is being remanded due to insufficient rationale and missing records from the Portland VA hospital. The case will be reconsidered based on new information.

The Board denied the appellant's claim for nonservice-connected death pension benefits as there was no new and material evidence to reopen her previously denied claim.

The veteran is seeking a compensable evaluation for his service connected disability of amputation of the distal pad of his left ring finger. The case has been remanded due to unresolved secondary service connection claims and potential extraschedular considerations.