Other conditions Board decisions

The Board has determined that the appellant does not have current residuals of an exploratory laparotomy with appendectomy, umbilical hernia repair and incisional hernia or residuals of a right eye injury related to service. The claims are therefore denied.

The Board denied reopening the claim for service connection for residuals of a back injury and also denied service connection for kyphoscoliosis of the spine. The veteran's current diagnosis is kyphoscoliosis of the spine, but there is no competent evidence showing that this condition was incurred in or aggravated by service.

The Board denied the appellant's request for an earlier effective date for the grant of service connection for cause of the veteran's death, finding that the earliest application to reopen the claim was filed on May 14, 1996. The amended death certificate submitted then listed symptoms of a service-connected peptic ulcer disease as a contributory cause of death.

The veteran's claims for increased evaluations have been granted, with ratings of 10 percent each for the left mandibular fracture and gunshot wound to the cheek. The right calf scar is rated at 10 percent.

The Board has granted an increased rate of DIC benefits for the need for regular aid and attendance from July 20, 2000 to November 30, 2000. However, the claim for permanent housebound status was denied.

The Board has denied the veteran's claim for an initial rating in excess of 20 percent for residuals of fracture of the 3rd through 5th metatarsals of the necks and dislocation of the 2nd metatarsophalangeal joint with hallux valgus of the right foot, postoperative.

The Board has remanded the case due to procedural issues and additional development is required.

The Board has ordered further development and remanded the case for readjudication based on all evidence, including VA examinations. The veteran's claim of service connection for a lung disorder secondary to tobacco use acquired in service is pending.

The veteran's overpayment of VA improved pension benefits was waived due to financial hardship and undue hardship caused by the creation of the debt.

The Board finds that the veteran's lung disability, manifested by interstitial fibrosis, is due to asbestos exposure during his service and grants service connection for this condition.

The Board has determined that new and material evidence has been submitted to reopen the claim regarding whether the appellant's character of discharge constitutes a bar for VA benefits under Chapter 35, Title 38. The issue is now on its merits.

The Board has determined that the VCAA requirements have not been fully satisfied and thus remands the case for further development.

The Board found that the veteran's pre-existing scoliosis of the thoracic spine was aggravated by service, leading to a grant of service connection.

The veteran's claim for an initial evaluation in excess of 40 percent for peptic ulcer disease, duodenal ulcer, esophagitis, hiatal hernia, and postoperative vagotomy was denied as the veteran failed to report for a scheduled VA examination without good cause.

The Board has determined that the veteran's current skin disorder(s) is/were incurred during active service, and granted service connection for a skin disorder. The scar residuals of shell fragment wound to the right side of face have been rated as noncompensable.

The veteran's claim for a compensable rating for chronic pyelonephritis was denied due to his failure to respond and cooperate with VA efforts, including failing to provide necessary information and attending scheduled examinations.

The Board has reopened the veteran's claim for service connection due to new and material evidence. However, the claim is denied as there is no objective clinical evidence linking any current psychiatric disability to his period of military service.

The Board has remanded the case to the RO for scheduling a hearing before a traveling Veterans Law Judge of the Board of Veterans' Appeals.

The Board has determined that new and material evidence was presented to reopen the veteran's previously denied claim for service connection for a chronic eye disorder. The case is now before the Board on a de novo basis, but further examination is needed to determine the exact nature and etiology of the veteran's current eye disability.

The Board has determined that the appellant failed to file a timely substantive appeal regarding her claim of service connection for the cause of the veteran's death, and thus the matter is dismissed.