Other conditions decisions — 2007

The veteran's application for Service Disabled Veterans' Insurance (RH) was denied because his cancer of the rectum, which he successfully treated in 2004, disqualifies him from being considered 'in good health,' as defined by VA criteria. His mortality ratio exceeds the 300 percent cap allowed for underwriting an insurance policy.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the veteran's service-connected back strain with degenerative joint disease does not warrant a higher disability rating, as his symptoms do not meet or approximate the criteria for a higher evaluation under the applicable VA rating criteria.

The veteran's claim for service connection for his AVM of the spinal cord is being remanded due to a need for further development, including obtaining medical records and scheduling an examination. The Board will determine if there is a link between the veteran's current back disability and his in-service injury during combat.

The veteran's application for enrollment in the VA healthcare system was denied as he is not eligible due to his placement in Priority Group 8 and his application being received after January 17, 2003.

The Board has determined that the veteran sustained a fracture of the right humerus during VA hospitalization in 1988, which resulted in disability. The other claimed injuries were not related to the VA treatment and are considered new and material.

The Board has determined that additional development is needed to determine if the veteran's menstrual irregularity and dysplasia are related to military service, including obtaining medical records and scheduling a VA examination.

The Board has ordered a remand to address the left elbow disability and arthralgias of multiple joints claims due to incomplete development and lack of clarity in the decision.

The Board has remanded the case for further development, including an examination and consideration of a separate rating for injury to muscle groups I through IV. The appeal will be returned to the Board after this is done.

The Board denied an effective date prior to April 20, 2000 for the grant of service connection for ALS due to a lack of evidence between the August 1988 Board decision and the April 20, 2000 claim.

The Board denied the veteran's claims for service connection for actinic keratosis of the nose with squamous cell carcinoma of the forehead and skin rash of bilateral lower extremities, finding that there was no direct evidence linking these conditions to his military service or exposure to herbicides.

The Board affirmed the RO's decision to grant an apportionment of the veteran's VA compensation benefits in the amount of $300 per month on behalf of his child, finding that it was proper given the evidence showing the veteran did not discharge his responsibility for support and that the apportionment would not cause undue hardship.

The Board finds that the veteran was not reasonably discharging his responsibility for the three children's support during the time they did not reside with him, thus warranting an apportionment of the veteran's VA compensation benefits on behalf of the appellant and her three minor children.

The Board has remanded the case for further development, including a VA examination to determine if the veteran acquired nicotine dependence in service and whether it is more likely than not that this dependence caused his cardiovascular disability.

The VA denied the veteran's claim for a rating in excess of 10 percent for his right eye injury residuals, finding that the current visual acuity and field loss do not warrant a higher evaluation.

The Board denied the veteran's claim for an earlier effective date of June 10, 1991, for additional compensation based on recognition of a dependent child. The decision found that March 14, 2001 was the earliest date notice of the dependent's existence was received by VA.

The Board denied the veteran's claim for service connection for a right hip disorder, finding that there was no evidence to support a relationship between his current right hip disability and either his time in service or his service-connected left hip condition.

The Board has remanded the case due to incomplete records and the need for a VA dental examination. The veteran is seeking service connection for a dental injury from trauma in service, as well as compensation under 38 U.S.C.A. § 1151 for a dental disorder.

The Board denied the appellant's claim that an overpayment of educational assistance benefits was improperly created, finding that the debt was valid based on investigations by the Manila RO and the VA Office of Inspector General.

The Board denied the appellant's request for a waiver of recovery of overpayment of Chapter 30 education benefits in the calculated amount of $23,661.80 due to fraud and found that the debt was valid.