Other conditions decisions — 2006

The Board has remanded the case due to the need for additional development, including a VA examination during a time of flare-up of symptoms.

The Board has determined that the veteran's claimed chronic skin disorder characterized as jungle rot was not shown during active service or at any time thereafter, and thus denied his claim for service connection.

The Board has granted a 60% evaluation for the service-connected myocarditis and pericarditis, finding that the veteran's MET level of 5 results in dyspnea and angina.

The Board found that the overpayment of $1,795.60 was properly created due to retroactive educational assistance benefits for the veteran's daughter and concluded that recovery would not be against equity and good conscience.

The veteran's claims for service connection and increased evaluations are being remanded due to the need for additional development, including obtaining relevant personnel records and clinical records.

The Board has determined that further development is required before considering the merits of the claim for service connection for post-traumatic stress disorder (PTSD). The case is REMANDED to the RO/AMC for additional development.

The veteran's claim for non-service connected pension benefits was denied because the service department verified his service with the Philippine Commonwealth Army and regular Philippine Army, but did not find any other qualifying service. The appellant lacks legal entitlement to these benefits.

The Board has granted an extension of the veteran's delimiting date for her educational assistance benefits due to a physical disability preventing her from attending classes during the summer of 1995.

The veteran's claim for an increased rating for his traumatic chest wall defect (claimed as residuals of pneumothorax) is being remanded due to the need for additional medical records and a new VA examination.

The Board has determined that additional development is needed to clarify the relationship between the veteran's service-connected varicose veins and his death from a pulmonary embolism. The VA examiner will need to provide an opinion on whether the veteran's service-connected condition contributed substantially or materially to the development of post-surgery deep vein thrombosis, which led to his death.

The Board has determined that the veteran's adjustment disorder with depressive features warrants a 50 percent disability rating, reflecting significant occupational and social impairment.

The Board dismissed the appeal because the appellant died during the pendency of the appeal.

The Board has remanded the case due to a failure to notify the appellant of the new regulations for claims to reopen finally decided claims, and the RO must ensure that all pertinent notice and duty to assist obligations have been satisfied.

The Board denied the veteran's claims for compensation benefits under 38 U.S.C.A. § 1151 and an increased evaluation for his service-connected gunshot wound to the left leg.

The Board has determined that a current respiratory disorder is not shown by competent medical evidence to be causally related to the veteran's active service.

The veteran's appeal for a waiver of overpayment of VA pension benefits in the amount of $2,016.00 has been dismissed as he withdrew his appeal.

The Board found no evidence of an acquired eye disability due to disease or injury incurred in service, and the appellant's claims were denied.

The veteran's claim for an increased evaluation of his service-connected intervertebral disc syndrome is being remanded due to the failure to schedule a VA examination at the correct location. The case will be readjudicated after the examination and any additional development.

The case is being remanded for the scheduling of a travel Board hearing at the earliest opportunity.

The Board has determined that the correct amount for Attorney Fees is $3,151.84 and has granted this claim.