Other conditions decisions — 2008

The veteran's facial and dental injuries were not caused by an essential activity or function of his VA vocational rehabilitation program, and the Board found that he did not meet the requirements for compensation under 38 U.S.C. § 1151.

The veteran's service-connected right arm gun shot wound residuals are currently rated at 50 percent, and the Board finds that a higher rating is not warranted.

The veteran's pension benefits were overpaid by $10,662 or recalculated to $5,954 due to income discrepancies. The validity of this overpayment and the waiver of recovery are under review.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because the injuries were not caused by VA treatment or examination, but rather an incident of assault that occurred coincidentally with his presence at a VA medical facility.

The VA denied the veteran's claim for an initial evaluation in excess of 40 percent for his gastric ulcer disease with hiatal hernia, as his symptoms have been manifested by moderately severe symptoms.

The Board denied the veteran's claim for service connection for progressive severe dementia for purposes of accrued benefits, finding that there was no nexus between the condition and his military service.

The Board has determined that the veteran does not have a disability manifested by hypoglycemia associated with his active military duty and therefore service connection for this condition is denied.

The Board denied retroactive DIC benefits as the appellant is not eligible to be considered a surviving spouse due to remarriage.

The Board has restored the veteran's original 40 percent disability rating for Raynaud's disease, finding that there was no material improvement in his condition under ordinary conditions of life.

The veteran's claim for an increased rating of his service-connected subtotal gastrectomy and vagotomy is being remanded due to the need for additional medical records, including those related to anemia.

The Board has ordered a remand to obtain medical opinions regarding the relationship between the veteran's tonsil cancer and his service in the Persian Gulf. The case will be re-adjudicated after this additional development.

The Board denied the appellant's claim for VA death benefits as her spouse did not have active military service, and therefore she is not eligible.

The Board denied the appellant's claim to reopen his service connection for Non-Hodgkin's Lymphoma (NHL) because the submitted evidence did not show that he was exposed to herbicides or pesticides during service, and thus could not establish a nexus between his NHL and service.

The Board found that the evidence received since the May 1996 denial is not new and material, thus denying the reopening of the claim for service connection for the cause of the veteran's death.

The VA denied the veteran's claim for an initial rating in excess of 10 percent for chronic sialadenitis, status post left submaxillary gland excision. The VA found that the scar resulting from the surgery is superficial and painful but does not meet criteria for a higher rating based on disfigurement or limitation of motion.

The VA denied a higher initial evaluation for kyphosis of the thoracic spine at T7-8, currently rated as 20 percent disabling. The veteran's disability is manifested by limitation of forward flexion to 40 degrees.

The veteran's delimiting date for Chapter 30 educational assistance benefits was properly adjusted to February 24, 2002. The Board denied the extension of his eligibility period.

The Board has denied the veteran's claim for reopening his previously denied claim of service connection for esotropia and amblyopia of the right eye. The issue of service connection for colon cancer is pending.

The veteran's claim for service connection for dental residuals, which are secondary to a fracture of the left mandible, is being remanded due to the failure to schedule him for a requested hearing.

The Board has determined that the appellant's per capita income distributions from gaming activity on tribal trust property are properly considered as countable income for purposes of VA death pension benefits.