Other conditions decisions — 2008

The Board denied the appellant's claim for death benefits as her husband did not have qualifying service that met the requirements for basic eligibility for VA death benefits.

The Board finds that the veteran's current residuals of left pelvic injury is not related to his military service and does not have a causal link with his service-connected PTSD. As such, the claim for service connection for residuals of a left pelvic injury is denied.

The Board found that the veteran's failure to complete his approved courses for VA educational assistance benefits resulted in an overpayment of $3,963.67 and denied the claim.

The Board has denied the veteran's claim for service connection for the cause of his death due to non-Hodgkin's Lymphoma, T-cell lymphoma. The Board also addressed a previously unadjudicated CUE claim regarding the effective date of the veteran's total disability rating based on individual unemployability (TDIU).

The veteran seeks reimbursement for unauthorized purchases of medications on April 1 and April 14, 2005. The VAMC has held that the circumstances surrounding the veteran's purchase did not constitute an emergent situation, and that VA facilities were feasibly available. The case is being REMANDED to the VAMC.

The veteran's appeal for an earlier effective date and increased rating for cold weather residuals of the left and right lower extremities is denied. The Board found that no evidence was submitted or of record within one year prior to May 17, 2006, to provide information sufficient to rate at that time the current level of severity of his condition.

The VA denied the veteran's claim for an initial evaluation in excess of 0 percent for right little finger boutonniere deformity, finding that the condition warranted only a 0 percent rating.

The Board has determined that an additional VA examination is needed to assess the veteran's night blindness, and records from Social Security Administration (SSA) should be obtained.

The Board found no current skin disorder and denied the claim for service connection.

The Board has determined that additional development is needed to determine if the veteran was exposed to asbestos during service and whether he has any current respiratory disability related to such exposure.

The Board has ordered additional development due to the need for VA treatment records since June 2006. The veteran's claim for an increased rating remains pending.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of service connection for residuals of left big toe surgery. As a result, the claim is denied.

The veteran's TDIU claim is being remanded due to the need for additional information from his former employer regarding why he retired.

The Board found that the veteran's stomach disability was not incurred in or aggravated by his active service, nor is it secondary to a service-connected disability.

The veteran withdrew his appeal before the Board could make a decision.

The Board has determined that the veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of testicular cancer, status post left orchiectomy is denied as there is no evidence to support a finding of additional disability attributable to VA care.

The Board has remanded the case for additional development, including obtaining SSA records and VA medical records. The veteran's claim of entitlement to service connection for a skin disability is being reviewed with consideration of all applicable laws and regulations.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for damage to his phrenic nerve resulting from surgery performed in May 1998. The Board has ordered additional development due to a lack of all pertinent records and to determine if VA's failure to exercise reasonable care caused the veteran's additional disability.

The veteran's claim for an increased rating for varicose veins of the left leg was denied, and his TDIU claim remains pending.

The VA has determined that the veteran's postoperative right knee disability with degenerative joint disease warrants a 10 percent rating, effective from the date of his claim. The decision also notes that he does not have instability in his knee.