Other conditions decisions — 2007

The veteran's claim for an increased rating for his bilateral visual field constriction with diplopia of the right eye is being remanded to allow the RO to consider additional medical evidence and readjudicate the case.

The Board has ordered a remand to determine if the veteran's hypertension and/or hypertensive cardiovascular disease had its onset during active service or within one year after service, as this could be relevant to his cause of death.

The Board has denied the veteran's claim for an effective date earlier than May 13, 1997 for the award of a TDIU as the March 1998 rating decision is final and cannot be revised.

The Board has granted the appellant's claim as the veteran's surviving spouse for VA death benefits, finding that they were legally married at the time of the veteran's death and their separation was due to the veteran's misconduct without fault on the part of the appellant.

The Board has ordered the case remanded due to a failure to obtain a VA medical nexus opinion regarding whether the veteran's cause of death (pancreatic cancer) was related to his military service, specifically herbicide exposure. The appellant must provide a VA physician with the claims file and request an opinion on this matter.

The Board has remanded the case to allow for further development, including an examination of the veteran's current nasal condition and its relation to his in-service injury.

The Board has determined that the veteran's ptosis of the left eye, caused by Bell's Palsy and resulting in a best corrected distant vision of 20/70 in the left eye and 20/50 in the right eye, warrants an initial 20 percent evaluation from April 4, 2000 to November 30, 2004.

The veteran's claim for a higher evaluation for his service-connected scalp laceration residuals was denied. The Board found that the evidence did not show that his multiple noncompensable service-connected disabilities clearly interfered with his normal employability prior to August 30, 2002.

The Board has determined that the effective date for additional compensation for the veteran's dependent spouse should be September 1, 2001, as this is the first day of the month following the receipt of proof of marriage to M.E.T. on August [redacted], 2001.

The Board has determined that the veteran's varicose veins of the right leg were not incurred in or aggravated by active duty, and thus denied his claim for service connection.

The veteran's claim is not yet ready for review due to the need for a Travel Board hearing. The case will be returned to the RO after scheduling the requested hearing.

The Board has granted an increased evaluation of 20 percent for both the veteran's service-connected chondromalacia patellae with chronic synovitis, right knee and left knee disabilities.

The Board determined that the appellant's deceased husband did not have valid military service and thus does not meet the criteria for basic eligibility for VA death benefits.

The Board denied the veteran's claim for a separate rating for shell fragment wound residuals of the neck other than a scar, to include a separate rating for limitation of function of the neck due to a shell fragment wound.

The Board denied the veteran's request for waiver of recovery of an overpayment of $46,912.50 due to his failure to accurately report his spouse's SSA benefits, which resulted in a subsequent overpayment.

The Board has remanded the case for further development regarding the veteran's claimed exposure to Agent Orange in Vieques, Puerto Rico. The AMC/RO should ensure proper notice and assistance as required by the VCAA.

The veteran's appeal is being remanded due to an outstanding VA hearing request. The case will be returned to the Board for further appellate review.

The VA denied the veteran's claim for an initial evaluation in excess of 10 percent for his right rotator cuff tear, finding that the current rating adequately reflects his disability.

The Board has remanded the case due to a need for further medical examination and opinion regarding whether the veteran's left eye condition worsened during service.

The Board has reopened the veteran's claim of service connection for post-traumatic stress disorder and granted it, finding that new evidence received since the last denial raises a reasonable possibility of substantiating the claim.