Other conditions decisions — 2008

The Board found that the veteran does not have residuals of a head injury related to service and denied his claim.

The Board denied the veteran's claim of service connection for peptic ulcer, finding that no evidence related to his current condition to his military service. The new evidence received since the last denial does not relate a current gastrointestinal disorder (to include peptic ulcer) to the veteran's service.

The Board has determined that the veteran does not have residuals of an in-service left eye injury and therefore, service connection for this condition is denied.

The veteran's claim for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code is denied due to her not meeting the service requirements.

The Board has remanded the case for further development due to new evidence received by the RO in June 2008. The veteran's claim for an increased rating greater than 40 percent for seronegative arthritis is pending.

The veteran withdrew his appeal before the Board could make a decision, resulting in the dismissal of the case.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for his service-connected duodenal ulcer. The issue of service connection for PTSD was also denied, but the case is pending as it has been remanded to the RO.

The veteran's claim for a higher rating for his service-connected degenerative changes at L5-S1 with myofascial pain syndrome was denied as the evidence did not show that he met the criteria for a higher rating under the applicable VA rating schedule.

The Board has determined that the veteran's request for a waiver of recovery of loan guaranty indebtedness was timely filed, and therefore grants this portion of his claim.

The VA determined that the veteran's incisional hernia, right flank, post heminephrectomy does not warrant a compensable evaluation.

The Board has determined that the veteran's genital herpes is service connected, giving the benefit of doubt to her claim.

The appellant's remarriage at the age of 35 years makes her ineligible for surviving spouse status, as a matter of law. The veteran died due to Acute Myelogenous Leukemia, which is not associated with herbicide exposure.

The Board has denied the veteran's claims for service connection for chronic cardiovascular disease and Reiter's syndrome, finding no evidence of a relationship to service.

The veteran's service-connected meralgia paresthetica of the right and left hips have been rated at 10 percent each, which is the maximum rating authorized under Diagnostic Codes 8629. The VA has determined that his disability does not warrant a higher rating.

The veteran's service is not considered active duty during a period of war, thus he does not meet the requirements for basic eligibility for VA nonservice-connected pension benefits.

The Board has remanded the case due to incomplete medical records and a need for clarification on whether service-connected disabilities contributed to the veteran's cause of death.

The Board found that the veteran's prostatitis and benign prostatic hypertrophy are not attributable to his active military service, thus denying service connection for these conditions. The claim for an increased rating for residuals of a left thumb injury was also denied.

The VA determined that the veteran did not suffer from an additional disability as a result of the hip replacement surgeries performed at the Minneapolis VAMC, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the veteran's deviated septum with Sluder's syndrome was not incurred in or aggravated by service.

The Board has determined that the overpayment of Chapter 1606 education benefits was properly created and that recovery of $1,500 is denied while waiver of recovery of the remaining $1,711.40 is granted.