Other conditions decisions — 2008

The Board found that the veteran's current respiratory impairment is not due to his service-connected spontaneous pneumothorax, and thus denied a compensable evaluation for this condition.

The Board found that the evidence does not support a finding of a relationship between the veteran's current prostate disorders and his military service, thus denying his claim for service connection.

The veteran's claim for service connection for a chronic skin disability was reopened and granted. His claims for increased ratings for his low back disability and left lower extremity radiculopathy were both granted, but the rating assigned for the radiculopathy is in excess of what he originally requested.

The Board granted service connection for the cause of the veteran's death, effective May 29, 1997. Attorney fees from past-due benefits in the amount of $14,880.11 are reasonable and have been approved.

The Board has remanded the case for further development, including a VA examination and compliance with Vazquez-Flores v. Peake notice requirements.

The Board granted service connection for a right hydrocele but denied it for the left. The Court vacated this decision and remanded the case to the Board.

The Board has remanded the case for further development due to incomplete examination findings.

The Board denied the appellant's claims for increased ratings for her low back disability and service connection for gastrointestinal, hypertension, and psychiatric disorders all secondary to her service-connected low back disability.

The Board denied the veteran's claim for service connection for a disorder manifested by memory impairment, finding that it was not incurred in or aggravated by active duty and could not be attributed to an undiagnosed illness as a result of service in the Southwest Asia theater during the Persian Gulf War.

The Board denied the appellant's claim for non-service-connected death pension benefits due to her income exceeding the maximum annual pension rate set by law.

The Board has ordered the VA to obtain additional medical records and verify the veteran's service periods. The appeal will be returned for further development.

The Board found no evidence of a right hip injury during active service or any period of inactive duty for training, and the veteran's avascular necrosis was not shown to be related to his military service. The claim is denied.

The VA denied the veteran's claim for service connection for a respiratory disorder, attributing it to no asbestos exposure during service and insufficient evidence linking current asthma to active duty.

The Board has determined that the veteran's right ankle skin condition, diagnosed as lichen simplex chronicus, was not incurred during service and is unrelated to any in-service injury or event. As a result, the claim for service connection is denied.

The veteran's PTSD is currently rated at 70 percent, the highest possible rating under the applicable criteria.

The Board has decided to remand the case for additional development due to the veteran's reported stressors based on personal assault during military service. The VA must advise the claimant of alternative sources of evidence for proving the occurrence of personal assault before denying the claim.

The Board found that the October 2003 rating decision granting service connection for non-Hodgkin's lymphoma was clearly and unmistakably erroneous due to a lack of evidence showing the veteran served in Vietnam, thus denying the severance of service connection.

The Board denied the veteran's claims for service connection for cause of death, non-service-connected death pension benefits, and accrued benefits due to lack of evidence linking his death to service or a service-connected disability.

The Board found that the veteran's additional disability was not caused by VA carelessness, negligence, or similar fault. The claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board denied a claim for an increased rating for chronic right foot paresthesias, finding that the evidence did not show more than moderate incomplete paralysis and that the veteran failed to report for scheduled VA examinations. The current disability rating of 10% is maintained.