Other conditions decisions — 2008

The veteran's daughter, M.R.O., is recognized as a 'helpless child' due to permanent incapacity for self-support prior to her 18th birthday. The condition existed before she turned 18 and was related to mental retardation, ADHD, mathematics disorder, and borderline intellectual functioning.

The Board has remanded the case due to insufficient evidence regarding the service connection for naso-pharyngeal carcinoma, which is presumed to be linked to exposure to herbicides during service in Vietnam.

The veteran's appeal is being remanded due to the need for additional records from Social Security Administration.

The Board has determined that the veteran's income exceeded the maximum applicable statutory level for eligibility for pension benefits from June 2005, and thus denied his claim for payment of nonservice-connected pension.

The veteran's income exceeded the maximum annual rate for non-service-connected pension benefits, as established by VA regulations. Therefore, he is ineligible for such benefits beginning March 1, 2003.

The Board denied the appellant's claim for an earlier effective date for the award of service connection for the cause of her husband's death, finding that the earliest possible effective date is October 7, 2004, when a new regulation included stroke as a presumptive condition for former POWs.

The Board has denied the appellant's claim for DIC benefits based on service connection for the cause of the veteran's death due to excessive income.

The Board denied the veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $18,741 due to fault on his part and lack of undue hardship.

The Board found that the veteran does not currently have a gastrointestinal disorder related to service, and thus denied his claim for service connection.

The Board has granted an effective date of September 13, 1999 for the assignment of a 10 percent rating for service-connected residuals of post-operative right Achilles tendon rupture.

The veteran's residuals of left acromioclavicular dislocation were rated as noncompensably disabling from September 20, 1993 to July 22, 1998 and as 10 percent disabling from July 22, 1998 to March 27, 2000. The Board granted a 10% rating for this period.

The veteran's residuals of abdominal trauma, status post laparotomy and splenorrhaphy are characterized by a mild degree of severity. The claim for a compensable evaluation is granted.

The veteran's TDIU claim is denied as his service-connected thoracic spine disorder does not prevent him from securing and following a substantially gainful occupation.

The Board has denied service connection for the residuals of a head injury and injuries to the ribs, finding no credible evidence supporting these claims.

The Board dismissed the appeal due to the veteran's withdrawal of his appeal.

The Board denied the veteran's claims for service connection for a shrapnel wound to the right calf and an increased rating for residuals of a right thumb abscess. The veteran was not granted service connection for the shrapnel wound, as there is no evidence that he engaged in combat with enemy forces during his military service.

The Board has determined that the veteran's current left hip disorder, claimed as synovitis, is related to his service-connected left forefoot amputation. However, there is no evidence of a right hip disorder, claimed as bursitis, being caused by or aggravated by any service-connected disability.

The Board found no evidence of cold injuries to the veteran's feet during service and denied his claim for service connection.

The veteran's service-connected multiple joint arthralgias and night sweats have been manifested by intermittent subjective complaints of arthralgia in various joints, but no demonstrated limitation of motion or functional loss. The veteran's night sweats are also noted, with the veteran being awakened one time a night by these symptoms. These conditions do not warrant an increased disability rating.

The Board has determined that the veteran does not have basal cell carcinoma due to any incident or event in active military service and it is not secondary to a service-connected disability. Therefore, service connection for basal cell carcinoma was denied.