Other conditions decisions — 2008

The Board has remanded the case for additional development to determine if the veteran was exposed to asbestos in service and whether any current pulmonary disability is related to that exposure, as well as to obtain a VA medical examination regarding the nature and etiology of any current back injury.

The Board has determined that new and material evidence was not submitted to reopen the veteran's claims for service connection for residuals of a left eye injury and residuals of a jaw injury. The claims are therefore denied.

The Board has determined that there was clear and unmistakable error in the February 1946 rating decision, which assigned a 20 percent evaluation for the residuals of shell fragment wounds of the left forearm. The correct rating should have been 30 percent due to involvement of two muscle groups.

The Board found that the termination of non-service connected pension benefits effective from May 17, 2005 was proper and denied the veteran's appeal.

The Board has ordered the VA to obtain missing service treatment records from the veteran's period of service in the Air Force. The veteran is seeking service connection for bilateral leg, hand, and arm disabilities that he claims are related to an electric shock incident during his military service.

The Board denied the veteran's claims for increased evaluations for his service-connected patellar tendonitis of the left and right knees, finding that the evidence did not meet the criteria for a disability rating in excess of 20 percent.

The Board found no evidence of a chronic brain disorder during service and concluded that the veteran's current aneurysm is not related to his military service. The Board determined that the veteran's aneurysm likely preexisted service.

The Board has determined that K-, the veteran's grandson, may not be recognized as the veteran's adopted child for VA purposes due to the adoption occurring four years after the veteran's death.

The Board denied the veteran's claim for an increased rating for his traumatic arthritis of the right second metatarsal, finding that it did not meet or approximate a higher rating under any applicable diagnostic codes.

The veteran's service did not meet the legal requirements for nonservice-connected death pension benefits due to lack of wartime service.

The Board denied the appellant's claim for VA death benefits as their father did not have qualifying service that met the requirements for basic eligibility for VA death benefits.

The veteran's agoraphobia has not caused total occupational and social impairment, resulting in a denial of an increased rating.

The veteran's claim for a higher rating for his left leg varicose veins is being remanded due to confusion regarding the presence or absence of edema, and the need to obtain VA treatment records from January 2007.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has determined that the veteran's current psychiatric problems are not due to VA medical treatment with steroids, and thus denied his claim for compensation under 38 U.S.C.A. ¶ 1151.

The Board denied the appellant's request for attorney fees from past-due benefits awarded to the veteran due to a TDIU rating effective May 22, 2004. The only final decision on the TDIU issue was granted by the Board, and thus the appellant provided services prior to this final decision.

The Board has determined that the veteran's May 18, 1999 claim for TDIU should be granted with an effective date of May 18, 1999.

The Board has found clear and unmistakable error (CUE) in the June 2, 1948 rating decision that denied service connection for psychoneurosis mixed type. The effective date of the grant of service connection for a psychiatric disorder is set at January 14, 1948.

The Board denied an increased rating for PTSD, currently evaluated as 70 percent disabling.

The Board found that the veteran's left hip disability was not incurred in or aggravated by service and arthritis could not be presumed to have been incurred therein.