Other conditions decisions — 2008

The veteran's claim for an initial rating in excess of 20 percent for service-connected dextroscoliosis with kyphosis is being remanded to afford her another VA examination.

The Board denied the appellant's claim for service connection for the cause of the veteran's death, as there was no evidence establishing a link between the veteran's pancreatic cancer and his military service.

The Board denied service connection for cardiovascular disease as there was no evidence of a nexus between the current condition and the appellant's military service or any incident thereof.

The claim of entitlement to service connection for tooth #9 for compensation purposes is denied due to the veteran lacking legal entitlement as it is a non-compensable disability.

The Board remands the claim for a VA examination to determine if the veteran's back condition is related to his service or an aggravation of a pre-existing condition.

The Board denied the veteran's claims for service connection for right foot swelling and pain and numbness in the right lower extremity as there was no medical evidence supporting a conclusion that these symptoms were due to any diagnosed disability.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability following VA treatment, as there was no evidence that the residuals of the surgeries were the proximate result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The veteran's PTSD is not shown to be more than 50 percent disabling, and thus an initial evaluation in excess of 50 percent for PTSD has not been met.

The Board denied service connection for a right arm disability and found that new and material evidence was not presented to reopen the claim for a shrapnel wound of the right eyebrow.

The Board denied service connection for the cause of the veteran's death, as there was no evidence that a disability incurred in or aggravated by military service caused or contributed to his death.

The veteran's claim for an increased evaluation for his service-connected right shoulder disability is being remanded to obtain additional evidence and provide the veteran with a more recent VA examination.

The Board granted a partial waiver of recovery of an overpayment in the amount of $10,603.60.

The appellant is denied basic eligibility for VA benefits due to being a deserter from the U.S. Army.

The Board remands the veteran's claim for service connection for foot calluses to obtain a medical opinion on the etiology of the condition.

The appeal is remanded to the RO for initial review of additional evidence regarding eligibility for educational assistance benefits under Chapter 30.

The veteran's claims for increased ratings for his shell fragment wound residuals are being remanded for additional development.

The Board found that there was no clear and unmistakable error in the July 26, 1993 decision which assigned an effective date of September 26, 1982 for a 100% rating for neurotic depressive reaction, as it was based on correct facts known at the time and in accordance with existing law.

The appellant, as the veteran's adult son, is not eligible for nonservice-connected death pension benefits.

The veteran did not meet the eligibility criteria for Chapter 30 educational assistance benefits due to insufficient continuous active duty service.

The Board denied the veteran's claim for an earlier effective date for service connection for ulcerating colitis with ileostomy based on clear and unmistakable error in prior rating decisions.