Other conditions decisions — 2008

The Board found no evidence of a nexus between the veteran's current eye disability and his service, nor did it find any aggravation by his service-connected diabetes mellitus. The claim for service connection was denied.

The Board found that the VA properly calculated the appellant's countable income effective January 1, 2005 in determining eligibility for improved death pension benefits. The appellant's income exceeded the maximum annual income for death pension benefits.

The veteran's appeal for service connection for post-traumatic stress disorder (PTSD) is being remanded due to the need for a Travel Board hearing.

The Board has remanded the case for additional development, including a VA examination to determine if the veteran's osteomyelitis was aggravated by service. The claim of service connection will be adjudicated again after this development.

The Board has granted a disability rating of 30 percent for the veteran's scar residuals from necrotizing fasciitis, left lower extremity, which exceeds the minimum area required for that rating.

The veteran is seeking service connection for sleep disturbance/fatigue, which he claims is related to his service-connected bilateral hip arthritis, bilateral knee arthritis and left shoulder rotator cuff tear. The Board has determined that a remand is necessary to determine the nature and etiology of the claimed disability.

The Board has remanded the case for additional development, including obtaining private treatment records and a medical opinion regarding the veteran's employability due to his mood disorder.

The Board has denied the veteran's claim for waiver of recovery of an overpayment of $3,212 due to his failure to report employment income from 2001, which resulted in a higher pension rate. The decision found that this constituted bad faith and thus waived recovery is precluded.

The Board has remanded the case due to inadequate VCAA notice and the need for a statement of the case (SOC) on accrued benefits. The claim will be readjudicated after these issues are addressed.

The Board denied the appellant's claims of entitlement to service connection for the cause of the veteran's death and nonservice-connected death pension benefits, finding that new and material evidence had not been submitted.

The Board has determined that a VA examination is needed to clarify the nature and etiology of the veteran's lung disorder, which may be related to service. The appeal will be remanded for this purpose.

The Board has found the veteran credible and his claim for service connection for a skin disorder is granted based on exposure to Agent Orange during service.

The veteran's claim for an increased disability rating for his service-connected residuals of a fracture of the seventh dorsal vertebra is being remanded due to the need for additional medical examination and evaluation.

The Board has denied the claim for nonservice-connected death pension benefits due to lack of information necessary to establish entitlement.

The Board has determined that the veteran's death is related to his service-connected hypertensive vascular disease and its complications, which are subject to presumptive service connection for former POWs. The claim will be remanded for further development.

The veteran withdrew his appeal regarding the claim for service connection for old traumatic injury with mature cataract and band keratophy, left.

The Board has determined that there is no competent medical evidence showing the veteran currently has an undiagnosed ailment, manifested by nausea and twitching. Therefore, service connection for this condition cannot be granted.

The Board has determined that the veteran does not have a current disability of post-vasectomy epididymal congestion, and therefore service connection cannot be granted.

The Board has reopened the veteran's claim for service connection for residuals of a left eye injury, and remanded it to allow for further development.

The appellant is not recognized as the surviving spouse of the veteran for VA death benefits purposes due to a previous valid marriage and because A.J. has been recognized by VA as the veteran's legal surviving spouse.