Other conditions decisions — 2008

The veteran's appeal for a compensable rating for defective hearing has been dismissed as he withdrew his appeal on June 30, 2008.

The Board has remanded the veteran's claim for a new examination and additional treatment records to determine if an increased disability evaluation is warranted for his cancer of the larynx.

The Board denied the appellant's claims for service connection for cause of the veteran's death, entitlement to DIC under 38 U.S.C.A. § 1318, and non-service connected death pension benefits due to lack of evidence linking any eye disorders to service.

The Board denied the reopening of a previously-denied claim for bilateral posterior subcapsular cataracts and also denied an initial claim for macular degeneration. The evidence submitted did not establish a new or material basis to reopen the claims.

The overpayment of compensation benefits for the period of July 2001 to January 2002 was created due to a combination of VA's failure to promptly implement the change in marital status and the veteran's failure to monitor his payments closely enough. The debt is considered valid, but both parties share fault.

The Board denied the veteran's claim to reopen his service connection for a left leg disorder due to lack of new and material evidence.

The veteran's hidradentis supprimativa, claimed as boils secondary to herbicide exposure, is rated at a 10 percent disability level.

The veteran's adjustment disorder with depressed mood is productive of occasional decreases in work efficiency and intermittent periods of inability to perform occupational tasks, but he generally functions satisfactorily. The claim for a higher rating is granted.

The Board has remanded the case for further development to determine if the veteran currently suffers from left and right leg disabilities, their etiology, and whether they are related to service or a service-connected condition.

The Board found that the veteran's service-connected right hip bursitis did not meet the criteria for an extraschedular evaluation, as his occupational limitations were attributed to factors unrelated to his disability.

The veteran's claim for an earlier effective date for a 60 percent disability evaluation for his back condition was denied as there is no evidence of a factually ascertainable increase in disability prior to June 23, 1999.

The Board has granted an initial rating of 50 percent for macular degeneration and persistent diplopia, secondary to strabismus of the right eye, postoperative, effective January 23, 2007.

The VA determined that the veteran's neuroendocrine tumor of the small bowel with metastasis to the liver was not incurred in or aggravated by military service, and may not be presumed to have been so incurred due to exposure to herbicides and radiation.

The Board finds no evidence of a low back disability during service or for many years thereafter. The veteran's current low back condition is not related to his military service.

The Board has remanded the case for additional development, including obtaining medical records and providing proper VCAA notice.

The Board found that the appellant's Substantive Appeal was not submitted within the required time frame, thus denying his appeal.

The Board has determined that the veteran's dysthymic disorder does not warrant a rating in excess of 30 percent, as his symptoms do not meet the criteria for a higher rating based on occupational and social impairment.

The Board has determined that the veteran was not a fugitive felon during the period from December 27, 2001 to September 4, 2003 and therefore her VA benefits should be restored for this period.

The VA determined that the veteran's PTSD, while causing significant symptoms such as nightmares and avoidance of stimuli related to the traumatic event, did not meet the criteria for a higher evaluation than 30 percent.

The veteran's claim for an earlier effective date for a 10 percent evaluation for his left knee disability was denied as there is no medical evidence showing that the condition warranted such a rating prior to May 12, 2005.