Other conditions decisions — 2007

The veteran's claim for an earlier effective date for TDIU was denied as there is no evidence of unemployability prior to August 10, 2004.

The Board denied the veteran's request for a waiver of overpayment of pension benefits due to his failure to file the request within the required time frame.

The Board denied the veteran's claim for service connection of a left leg cyst (now claimed as wound/cyst with neuralgia, left leg) in June 1991. The veteran has submitted new evidence but it does not relate to an unestablished fact necessary to substantiate the claim.

The appellant's income exceeded the maximum allowable pension rates for a child, resulting in denial of death pension benefits.

The appellant withdrew her appeal with respect to the issue of accrued benefits prior to a decision being made. The case is remanded for further development and consideration of the nonservice-connected death pension benefits claim.

The veteran's unauthorized medical expenses for left-side chest pain on August 26, 2004 are denied as he did not meet the criteria for reimbursement under VA regulations.

The veteran's service-connected asteatosis with generalized pruritis does not preclude him from securing or following substantially gainful employment, and his TDIU claim is denied.

The Board has granted a 30 percent disability rating for traumatic arthritis of the right shoulder, effective from when the claim was filed. The left shoulder remains rated at 20 percent.

The Board has remanded the veteran's claim for additional evidentiary development and to ensure compliance with VA's duties to notify and assist. The case is also referred back to the RO for appropriate action regarding Social Security Administration records.

The Board has assigned a single rating of 30 percent for the service-connected residuals of SFW of the right thigh and leg, with damage to MG XI and XII. This is higher than what was previously granted but not as high as what could be given based on the severity of the condition.

The Board has remanded the case for further development, including obtaining medical records and arranging for an examination to determine if the veteran's bilateral hip disorder is related to his service-connected right leg disability.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the deceased veteran for purposes of VA benefits, given the separation was due solely to the misconduct of the veteran without fault of the appellant.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for nerve damage of the spine due to surgery performed at the Dallas VAMC in November 1993 is being remanded for further development and readjudication.

The veteran's claims for compensation benefits under 38 U.S.C.A. � 1151 and increased ratings were denied as there was no evidence of incompetence, error in judgment, or lack of skill in the performance of any urological procedures, and the inability to have an orgasm was reasonably foreseeable.

The Board denied a rating in excess of 10 percent for the service-connected adenocarcinoma of the prostate from August 1, 2001.

The Board found that the appellant's multi-chemical sensitivity disability was not incurred or aggravated during service and denied his claim.

The Board denied an initial disability rating in excess of 10 percent for marginal spurs at neural foramina of C6-7 and C5-6, finding that the veteran's symptoms did not meet the criteria for a higher rating under Diagnostic Code 5239.

The veteran's claims for compensation under 38 U.S.C.A. § 1151 and TDIU were denied as there was no evidence showing that his right eye disorder was caused by VA medical treatment or that he is unable to secure or follow a substantially gainful occupation due to service-connected disability.

The Board has denied the veteran's claim for service connection as his current gastritis is not related to his service, with two credible opinions concluding that it was not caused by any in-service episodes of viral or bacterial infections.

The veteran's death was not caused by a service-connected disability, and he did not meet the basic eligibility requirements for Survivors' and Dependents' Educational Assistance (DEA) under Chapter 35, Title 38, United States Code.