Other conditions decisions — 2008

The Board has denied the appellant's request for an earlier effective date of April 8, 2003, for a grant of permanent incapacity for self-support for her child over the age of eighteen. The claim was not reopened due to lack of legal basis and the RO's action is considered final.

The Board found that the veteran's service-connected conditions did not cause or contribute substantially to his death.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA benefits, finding that she was not legally married to the veteran at the time of his death and thus could not qualify as his surviving spouse.

The Board found that the veteran's right patella with post-traumatic chondromalacia and arthritis did not meet or approximate the criteria for a higher rating than the current 20 percent evaluation.

The veteran's request for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for clarification of his hearing preference and scheduling of an appropriate hearing.

The Board has granted service connection for the squamous cell carcinoma of the hypopharynx, finding it likely related to exposure to Agent Orange during service. The veteran's spouse is now eligible for DIC benefits based on this cause of death.

The veteran's child is awarded Level III benefits under 38 U.S.C.A. § 1805 for spina bifida, resulting in an inability to remain dry for three hours at a time during waking hours at least three times per week.

The Board found that the veteran's annual countable income as of September 1, 2004, exceeded VA's maximum annual rate for a veteran with four dependents and denied his claim for nonservice-connected disability pension benefits.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA disability compensation benefits in the amount of $11,794.20 due to fault on the part of the veteran and no undue hardship or unjust enrichment.

The veteran's income exceeds the maximum annual income for nonservice-connected disability pension benefits, as determined by VA.

The Board denied the appellant's claim as she did not meet the continuous cohabitation requirements for recognition as the veteran's surviving spouse.

The Board granted service connection for residuals of a left arm injury with triceps tendon and ulnar nerve repair, but denied entitlement to non-service-connected disability pension. The veteran is entitled to an initial compensable (10%) rating for his service-connected condition.

The VA has denied a higher disability rating for the veteran's service-connected spontaneous pneumothorax, left, postoperative status as it does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied the veteran's claim for an effective date prior to August 1, 2005 for a 20 percent rating for his service-connected eye disability.

The veteran's claim for an increased disability rating for his left foot third sub metatarsal callosity and associated bone spur is being remanded due to the need for additional evidence, including recent treatment records.

The Board has found that the veteran's pilonidal cyst, which he contends was first noted during service, is related to his military service and granted him service connection for residuals of a pilonidal cyst.

The Board found that the service member's discharge from service under other than honorable conditions constitutes a statutory bar to VA benefits, and no compelling circumstances were established to justify such prolonged unauthorized absence.

The Board found no evidence of a current hearing loss disability related to service and denied the veteran's claim for service connection.

The Board has remanded the case for development and readjudication of the claim, considering both current and prior rating criteria for spine disabilities. The veteran's increased evaluation for residuals of neck injury remains under review.

The veteran's shell fragment wound damage to the right posterior thigh muscle and dorsal spine area have been evaluated at 10 percent and 20 percent, respectively. The evaluations are denied as they do not meet the criteria for higher ratings.