Other conditions decisions — 2008

The veteran's claim for an increased disability rating for his urethral stricture is being remanded due to the need for additional VA examination and development of medical records.

The Board found that the appellant does not have qualifying service and is therefore not a veteran for purposes of legal entitlement to VA disability benefits.

The Board denied the veteran's petition to reopen his previously denied claim for service connection for bilateral keratoconus, finding no new and material evidence. The veteran's personal statements asserting that he developed keratoconus during military service were not considered 'new' as they had been previously addressed.

The veteran withdrew his appeals regarding the issues of whether new and material evidence has been received to reopen claims for service connection for fatigue, dementia (claimed as memory loss), and a rating in excess of 40 percent for spondylolysis and degenerative changes of the lumbar spine.,There is no objective indication of chronic gastrointestinal disability. The veteran's claim for service connection for gastrointestinal disability was previously denied due to lack of evidence of current identifiable gastrointestinal disability, and he did not provide new and material evidence to reopen this claim.,The veteran's skin rash is analogous to an unstable scar and his claim for restoration of a 10 percent rating has been granted.

The Board found that the veteran's post-operative umbilical hernia was not incurred in or aggravated by active service.

The Board has determined that an initial 10 percent evaluation is warranted for the residuals of stress fractures of both legs, effective from the date of service connection.

The veteran's appeal is remanded due to the need for a new VA examination and consideration of additional evidence. The issues are about his arthritis of the left lower extremity and right thigh contusion.

The appellant's service in the Philippine Scouts and USAFFE is not deemed to be active military, naval, or air service for purposes of eligibility for VA non-service-connected disability or old age pension. Therefore, he is denied basic eligibility for these benefits.

The Board has determined that the veteran's service-connected colon cancer residuals do not warrant a compensable rating, as his symptoms are currently manifested by chronic diarrhea without malignant neoplasm recurrence or additional metastasis.

The Board found that the appellant's request for a waiver of overpayment was timely filed, but denied consideration of the full amount due to her disagreement with the Committee's decision not to waive the entire overpayment. The case is remanded for further development and consideration.

The Board denied the veteran's claim for service connection for adenocarcinoma of rectosigmoid colon, status post hemicolectomy, as a result of exposure to herbicides. The Board found that the condition was not incurred or aggravated in service and is unrelated to any incident of service origin, including Agent Orange exposure.

The veteran's eligibility for VA educational assistance benefits under Chapter 34 or Chapter 30 of Title 38, United States Code is denied due to the expiration of the program and lack of remaining entitlement.

The Board denied service connection for hypoglycemia and a rating increase for duodenal ulcer with gastrectomy, finding that the veteran's symptoms were adequately addressed under the current rating criteria.

The Board has determined that the appellant's request for a waiver of recovery of an overpayment of REPS educational assistance benefits is granted, considering her financial hardship and the lack of fault on VA's part in creating the debt.

The veteran's service requirements for basic eligibility for educational assistance benefits under Chapter 30 have been met, allowing him to receive these benefits.

The Board denied the veteran's request to reopen his claim for service connection for a systolic apical murmur, finding that no new and material evidence had been submitted since the March 1961 rating decision.

The veteran's appeal for service connection for multiple myeloma, claimed as secondary to exposure to ionizing radiation, has been dismissed due to the death of the veteran.

The Board has remanded the case to the RO for additional development and examination, including obtaining updated medical records and arranging for a VA examination.

The Board has determined that additional vocational rehabilitation training is not reasonably feasible due to the veteran's service-connected and non-service-connected disabilities, which prevent him from achieving his chosen vocational goal of opening a barber training facility.

The veteran seeks special monthly pension based on the need for regular aid and attendance or being housebound due to visual impairment. The case is remanded to obtain updated VA treatment records and schedule the veteran for an appropriate VA examination.