Other conditions decisions — 2008

The Board has remanded the case for further development due to conflicting medical opinions and lack of evidence regarding service connection for eye disability and residuals of malnutrition.

The veteran's claim for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code is denied as he does not meet the service requirements.

The veteran did not meet the eligibility criteria for VA burial benefits as he was not receiving VA pension or compensation at the time of his death.

The veteran's claim for an increased disability rating for his low back condition is being remanded due to the need for a personal hearing.

The veteran's application for enrollment in the VA medical healthcare system was denied due to his lack of service-connected disabilities and other eligibility criteria. The case is being remanded for further review, including a determination on whether he qualifies as 'low income' under HUD guidelines.

The Board denied the veteran's claim for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $1466.97, finding that while there was fault on both the part of the veteran and VA, the preponderance of evidence did not support waiver due to lack of undue hardship.

The Board found that the veteran did not satisfactorily attend classes and therefore, the overpayment of $38,210.93 was valid.

The Board has remanded the case due to issues related to the appellant's status as the veteran's surviving spouse, and for further development of evidence.

The VA determined that there is no current diagnosis of a chronic sinus disorder and thus denied the claim for service connection.

The Board has determined that the veteran's chest pain, diagnosed as costochondritis, had its onset during service and is related to his military service. Therefore, the claim for service connection for costochondritis of the left anterior chest wall is granted.

The Board has remanded the case for additional development, including obtaining information on the veteran's possible exposure to toxic chemicals during his periods of active duty and ACDUTRA. The AMC/RO is also requested to obtain records from Department of the Army and Army Reserve officials regarding the veteran's exposure to mustard gas and phosgene.

The Board has determined that the veteran's right eye cataract did not originate during service and is not related to any in-service injury or disease, including combat wounds. The claim for service connection is denied.

The Board found that the veteran's DVT was not incurred in or aggravated by service and is not an undiagnosed illness. The claim for service connection was denied.

The Board denied the veteran's claim for service connection and a compensable initial rating for vision loss, finding that his hearing loss disability did not warrant a compensable rating. The issue of service connection for vision loss was remanded to the RO.

The veteran's claim for additional burial benefits was denied as it was not filed within the two-year timeframe following his death.

The Board has remanded the case for additional development, including obtaining SSA records and scheduling a VA examination.

The Board has determined that there is a need to obtain additional evidence and clarify the veteran's preferences for hearing type before scheduling another hearing. The claim will be remanded for further development.

The veteran's claims for an increased rating for his heart disorder and reopening of PTSD and bipolar disorder claims were denied. The decision also noted that the veteran had a hospitalization related to his service-connected heart disorder, but it was not due to treatment for his heart condition.

The veteran's claim for DIC benefits under 38 U.S.C.A. § 1318 was denied as he did not meet the requirement of being rated as totally disabled for over 10 years prior to his death.

The Board denied the veteran's request for an effective date later than November 1, 2002 for the apportionment of his VA benefits to his dependent child.