Other conditions decisions — 2008

The veteran's claim for an initial compensable evaluation for interstitial pulmonary fibrosis is being remanded due to the need for a new VA examination to assess the current severity of his condition.

The Board denied the veteran's claim for service connection for malaria, finding no medical evidence to support a diagnosis or current disability related to malaria in service.

The Board granted increased evaluations for the veteran's T12 vertebral fracture residuals and left (minor) distal radial and ulnar fracture residuals, with the effective date being October 6, 2006.

The Board denied the veteran's claims for service connection for pneumonia, irritable colon, malaria, and amoebiasis. The claim for dysentery was not reopened due to lack of new and material evidence.

The Board has determined that the overpayment of Chapter 30 educational assistance benefits in the amount of $718.99 was solely due to VA administrative error and therefore not properly created, thus granting waiver of recovery.

The veteran's permanent and total disability rating was granted effective November 8, 2005. The appellant, the veteran's son, turned 26 years old prior to this effective date. Therefore, he is not eligible for Dependents' Educational Assistance under Chapter 35 due to his age.

The Board denied the appellant's claim for retroactive payment of dependency benefits, claiming them as accrued benefits. The decision states that the veteran was not entitled to additional compensation for a dependent spouse due to his disability ratings being below the threshold required from 1961 to 2003. The appeal is denied.

The veteran's claim to reopen his skin disability service connection was granted, but he is still denied special monthly compensation based on being housebound.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his bilateral inguinal hernia residuals and whether any nerve damage has occurred.

The Board denied a compensable evaluation for Barrett's esophagitis and esophageal diverticulum, finding that the veteran did not meet the criteria for such an evaluation based on her symptoms.

The Board denied the veteran's claims for service connection for a chronic neck condition and a chronic sinus condition, finding that there was no evidence linking these conditions to her time in service.,Specifically, the Board determined that the veteran did not have a current chronic neck condition or chronic sinusitis. The VA examinations found no evidence of such conditions.

The veteran's request to extend his delimiting date for Chapter 30 benefits was denied as there is no evidence of a physical or mental disability preventing him from initiating or completing an educational program.

The Board has determined that new and material evidence was not received to reopen the veteran's service connection claims for varicose veins, bilateral with left foot mild synovitis, and a visual disability, claimed as refractive error. The RO previously denied these claims on the grounds that there was no evidence of current conditions during service or a link between current conditions and service.

The Board denied the veteran's claims for higher initial ratings for postoperative residuals of a left thoracotomy for pulmonary Cryptococcus, finding that the evidence did not meet the criteria for increased disability ratings under the applicable rating schedule.

The Board found no evidence of active malaria or any residual disability, and thus denied a compensable rating for the veteran's service-connected malaria.

The veteran's claim for an increased rating of his service-connected right foot disability is being remanded due to the need for a new examination and compliance with notice requirements.

The Board has denied the veteran's claims for service connection for a right foot disability and joint pain as a chronic disability resulting from undiagnosed illness. The evidence does not support a finding that these conditions are related to active duty or National Guard service.

The veteran's claim for service connection for multiple drug dependency, substance abuse, and alcoholism is denied as a matter of law due to the lack of entitlement under the law. The issue of an acquired psychiatric disorder, including major depressive disorder with symptoms of fatigue and anxiety, requires further development.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for bilateral venous insufficiency with varicose veins, resulting in a denial of the petition.

The Board found that the veteran's cancer is not related to his military service or herbicide exposure, and denied his claim for service connection.