Other conditions decisions — 2008

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $2,839.00 due to his failure to timely report his divorce and subsequent remarriage.

The appeal is remanded to the RO for further development and readjudication of the claim for a total disability rating based on individual unemployability (TDIU).

The Board denied the veteran's claim for service connection for cancer of the tongue with metastasis to the right neck node, finding that there was no evidence linking the condition to his military service or exposure to Agent Orange.

The appeal is remanded to the Board of Veterans' Appeals for further development and review.

The veteran's claims for an earlier effective date for the assignment of a TDIU and eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 were denied because his service-connected disabilities did not render him permanently and totally disabled prior to May 30, 2003.

The Board denied service connection for a benign myofibroblastic tumor of the colon/rectum with features of fibromatosis, as there was no evidence of such a condition in service or for many years thereafter, and no medical evidence linking it to service.

The Board found that the veteran's death was not related to his active military service and denied service connection for the cause of the veteran's death.

The appeal was remanded to obtain additional treatment records from Mercy Hospital in San Diego, CA.

The Board granted service connection for the cause of the veteran's death, finding that his service-connected carcinoma of the esophagus, status post esophagectomy played a material causal role in his death.

The veteran's claim for a higher rating for postoperative residuals of a left inguinal hernia was remanded for an additional VA examination to assess the current severity of his condition.

The Board denied service connection for the cause of the veteran's death, finding no relationship between his death and his military service.

The appeal is remanded to provide the veteran with proper VCAA notice and obtain additional evidence.

The appellant, who is the veteran's daughter, does not meet the legal criteria for basic eligibility for Dependents' Educational Assistance benefits under Chapter 35 because she turned 26 before the veteran died.

The appeal for an extension of the delimiting date for education assistance benefits under Chapter 30 was denied due to lack of evidence supporting a physical or mental disability preventing the veteran from initiating or completing his chosen program within the otherwise applicable eligibility period.

The appeal is remanded for new VA examinations to determine the nature and etiology of the veteran's right hip disorder, as well as the current severity of his right foot disorder.

The appeal is being remanded to the RO for further development and readjudication.

The appeal is remanded to the RO for additional development, including verification of the veteran's credit load during a specific term and whether he was awarded credits for that term.

The veteran's disability evaluation for residuals of a right anterior cruciate ligament tear was increased to 40 percent due to limitation of function.

The Board denied the claim for accrued benefits based on a pending special monthly compensation claim due to lack of evidence showing that the veteran's service-connected disabilities rendered her unable to care for herself or protect herself from the hazards of her environment, or that they rendered her housebound.

The Board denied payment for the veteran's enrollment in a Basic Mediation course at the Dispute Resolution Center because the course was not approved by the State Approving Agency for Chapter 30 educational benefits.