Other conditions decisions — 2008

The veteran seeks service connection for cancer of the tongue, throat, and neck due to exposure to radiation in service. The case is being remanded for further development including a dose estimate under 38 C.F.R. § 3.311 if warranted.

The Board denied service connection for infertility and a spot on the right eye, finding that infertility was incurred during active service while a spot on the right eye did not meet VA compensation criteria.

The Board found no evidence of a chronic left eye disorder, including decreased visual acuity, that was present in service or related to any disease, injury, or incident in service. The veteran's varicose veins were also not shown to be causally or etiologically related to any disease, injury, or incident in service.

The claim for accrued benefits is dismissed as the appellant has been granted DIC compensation under 38 U.S.C.A. § 1318, which provides the identical benefit sought.

The Board has remanded the case for further development, including obtaining SSA records and ensuring compliance with all notice and assistance requirements under the VCAA.

The VA has determined that the veteran's licheni simplex chronicus does not meet the criteria for a compensable rating under any applicable diagnostic codes. The condition is currently rated as noncompensable (0 percent).

The veteran's service-connected chronic peptic ulcer disease has not resulted in weight loss, hemoglobin or hematocrit below a normal level, nor dumping syndrome. The disability is currently rated at 40 percent based on postoperative complications.

The Board denied the veteran's claim for service connection for right eye shrapnel injury residuals, finding no evidence linking his current condition to his military service.

The Board has remanded the case for further development due to a need for a nexus opinion regarding the veteran's dental disability.

The Board has denied the veteran's claim for an increased rating for his service-connected right shoulder disability due to failure to report for a scheduled VA examination.

The Board found no evidence of a disability manifested by numbness of the bilateral upper extremities during service or within one year post-service, and could not directly relate it to herbicide exposure. The claim for service connection is denied.

The veteran's lung disability was not shown to be related to his service, and the Board denied his claim for service connection.

The veteran's appeal is being remanded for additional development of his medical records and Social Security Administration (SSA) records. The case will be readjudicated after the additional evidence is obtained.

The Board has reopened the veteran's claim for service connection due to new and material evidence submitted, linking his current schizoaffective disorder to his active duty service.

The Board denied the veteran's claims for service connection for groin pain and for increased ratings for his left leg muscle strain and left gluteus maximus strain, finding that there was no current evidence of a disability to support these claims.

The Board has granted a waiver of recovery for an overpayment of $360.00 in education benefits, finding that collection would cause hardship on the veteran.

The Board denied the appellant's request to reopen her previously denied claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The veteran did not have any pending claims for accrued benefits at the time of his death, and therefore is not legally entitled to such benefits.

The Board dismissed the appeal on the request to reopen a claim for service connection for the cause of the veteran's death.

The veteran's monthly pension benefit was $1,674 per month from December 2004 through his death in March 2005. The claimant is not entitled to any accrued benefits as the maximum annual pension rate of $1,630 per month has already been awarded.