Other conditions decisions — 2008

The Board found that the overpayment was properly created due to the veteran's status as a fugitive felon. The decision also determined that recovery of the overpayment would not be against the principles of equity and good conscience, thus denying the request for waiver.

The Board denied the veteran's claims for service connection for chronic pancreatitis and stomach and bowel disruption due to failure to report for a scheduled VA examination.

The Board has remanded the case due to a lack of response from the veteran regarding his appeal for service connection for malaria. The veteran's claim will be further adjudicated after clarification is obtained.

The veteran's claim for service connection for residuals of a brachial plexus stretch injury, to include nerve damage of the left arm and left hand was denied. The claim for higher initial disability rating for bilateral hearing loss was also denied.

The Board denied the veteran's claim for service connection for recurrent brain stem hemorrhages resulting from an arteriovenous malformation, concluding that there was no evidence of a pre-existing condition in service or any other basis to establish service connection.

The Board has determined that the veteran's bronchiectasis, status post lobectomy is a result of his military service and grants the claim.

The veteran does not have current residuals of a broken leg due to service, and there is no evidence linking the condition to his military service.

The Board has remanded the case for additional development and due process concerns. The appellant is to be scheduled for a videoconference hearing at the West Los Angeles RO before a Veterans Law Judge.

The veteran's hypertension and dysthymic disorder were evaluated, but the evidence did not meet the criteria for a higher rating. The claim was denied.

The Board found that the proximate cause of the veteran's claimed conditions was not due to VA carelessness, negligence, or similar fault. The events were not reasonably foreseeable.

The veteran's claim for an increased rating for his service-connected duodenal ulcer is being remanded due to inadequate VCAA notice and the need for a contemporaneous VA examination.

The veteran is seeking service connection for tarsal tunnel syndrome of the right foot as secondary to his service-connected type II diabetes mellitus and atopic dermatitis. The case must be remanded to obtain VCAA notice, additional VA treatment records, and a VA examination.

The appellant's representative withdrew the appeal regarding VA burial benefits due to the Navy Department determining that his father served only on inactive duty status during his naval service, making him ineligible for a grave marker.

The Board found that the veteran's current left foot condition is not related to her service and denied her claim for service connection.

The veteran was awarded a total disability rating based on individual unemployability effective December 1, 1993. The appellant is the dependent child of the veteran and is between the ages of 18 and 26 at the time of the award. She applied for Chapter 35 educational assistance and her application was received in October 2004. As she was within the age range specified, she may be eligible for an effective date of December 1, 1993.

The veteran's claim for a higher disability rating for his service-connected basal cell carcinoma is being remanded due to the need for additional examination and consideration of new evidence.

The VA denied an initial higher rating for iritis, finding that the veteran's condition did not meet the criteria for a compensable rating based on visual acuity or other symptoms.

The Board denied the appellant's request to reopen her previously denied claim for basic eligibility for Department of Veterans Affairs death benefits, stating that the new evidence submitted did not relate to an unestablished fact necessary to substantiate the claim.

The veteran's application for an extension of her Montgomery GI Bill eligibility was denied because it was not submitted within one year from the end of her original period of eligibility and beyond one year from when she no longer had a physical disability preventing her from pursuing education.

The Board has determined that the veteran's service-connected non-Hodgkin's lymphoma does not warrant an initial compensable rating due to the absence of active disease or treatment, and no residual physical effects have been observed.