Other conditions decisions — 2008

The Board has determined that the veteran's dysthymic disorder warrants a rating of 70 percent, finding that her symptoms more closely approximate those listed for a 70 percent evaluation.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The case will then be returned to the Board if necessary.

The Board has remanded the case due to incomplete records and procedural errors, including failure to provide proper notice under the Veterans Claims Assistance Act of 2000 (VCAA). The case will be reviewed by an appropriate VA medical doctor who will address whether there was a point by which the veteran's emergency condition had ended or when he could have been safely transferred to a VA facility for continuation of treatment. If not, they will determine if a feasibly available VA facility with the ability to provide necessary treatment existed.

The Board denied the appellant's claim for DIC benefits as her late husband did not have qualifying service with the United States Armed Forces.

The appeal is being remanded due to inadequate notice and missing information in the veteran's claims folder, including service-connected disabilities and cause of death. The appellant's claim for eligibility to Chapter 35 DEA benefits will be reconsidered after obtaining these documents.

The VA determined that the veteran's bilateral patellofemoral syndrome does not warrant a rating higher than 10 percent, as there is no evidence of instability or limitation of motion. The disability currently results in minimal degenerative changes with a Baker cyst.

The Board has determined that the veteran's service-connected pruritic scrotum and groin disability does not warrant a rating higher than the currently assigned 10 percent, as it involves no more than 2 percent of his skin. The claim for an increased rating is denied.

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

The Board of Veterans' Appeals (BVA) has determined that the decision to discontinue Chapter 35 Survivors' and Dependents' Educational Assistance benefits for the educational term lasting from April 3 through May 8, 2006 was proper. The appeal is denied.

The veteran's claim for payment or reimbursement of emergency services at St. Helena Hospital is denied as the condition had stabilized by the time he was transferred to a VA facility.

The case is being remanded to the VAMC for obtaining a copy of the insurance verification request and the veteran's report of contact. The claim will be adjudicated again.

The veteran's eligibility to enroll in the VA healthcare system is being remanded due to incomplete information regarding his income and application for a priority group change.

The Board has denied the veteran's claim for waiver of overpayment due to financial hardship, finding that collection would not be against equity and good conscience.

The veteran's Graves' disease was rated at 10% prior to June 6, 2000 and later increased to 30%. The Board found that the evidence did not support higher ratings under either the old or new criteria.

The Board finds that the veteran's nasal polyps are related to his in-service exposure to herbicides, specifically Agent Orange. The presumption of soundness is not rebutted, and service connection for nasal polyps is granted.

The Board denied the veteran's claims for service connection for gout and for ratings higher than 10 percent for hypertension and a left shoulder injury, finding that there was no evidence linking these conditions to his military service or to his service-connected disability.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for a Travel Board hearing.

The VA determined that the veteran's service-connected calluses of his feet do not render him unable to secure or follow a substantially gainful occupation.

The veteran's claim for higher evaluations for Crohn's disease and associated fistula in ano was denied. The current evaluation of 30 percent is deemed appropriate given the symptoms described.

The Board found no objective indications of a chronic undiagnosed illness manifested by memory loss, and thus denied the veteran's claim for service connection.