Other conditions decisions — 2008

The veteran's request for a waiver of recovery of an overpayment of VA pension benefits was denied as not timely filed.

The Board granted an initial rating of 30 percent for cognitive disorder with verbal and visual memory deficits, resolving reasonable doubt in the veteran's favor.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for the cause of the veteran's death.

The appeal was dismissed due to the veteran's death.

The appeal of service connection for glioblastoma multiforme to include as due to exposure to Agent Orange was dismissed due to the veteran's death.

The veteran's chronic restrictive airway disease with retained foreign body was rated as 20 percent disabling before January 22, 2003, and increased to 30 percent from that date.

The veteran's request for waiver of the recovery of overpayment of VA educational assistance benefits was denied due to bad faith on his part.

The veteran's service-connected prepyloric ulcer has healed, and his symptoms do not meet the criteria for a higher rating.

The Board denied the veteran's claims for initial compensable disability evaluations for superficial retained shell fragments involving the skull and area around the eyes, as there was no evidence of scarring or limitation of function.

The veteran's claim for an increased rating in excess of 40 percent for herniated nucleus pulposus at L5-S1 was remanded to provide the veteran with a new VA examination.

The Board denied the veteran's claim for additional nonservice-connected disability pension benefits for his two children, C. and A., as there was no evidence that they were members of the veteran's household or that he reasonably contributed to their support during the relevant time periods.

The appeal is remanded for a VA examination to determine if the veteran's hiatal hernia is secondary to his service-connected duodenal ulcer.

The claim for an increased rating is remanded to provide the veteran with a VA examination.

The character of the veteran's discharge for his service from September 1, 1969, to February 8, 1971, is a bar to VA benefits based on that period of service.

The Board denied service connection for residuals of a head injury and a fractured nose as there was no competent evidence showing the veteran currently suffers from these conditions.

The veteran's right lower leg disability results in no more than a slight ankle disability; a greater than 2 inch shortening of the right leg has not been shown.

The veteran's claim for a disability evaluation in excess of 10 percent for his shell fragment wound (SFW) of the left calf, with postoperative compartment syndrome was remanded for further development.

The claims for benefits under 38 U.S.C.A. § 1805 and § 1815 were denied as there was no competent evidence that the appellant has spina bifida or that her mother served in Vietnam.

The appellant's claims for benefits under 38 U.S.C.A. § 1805 and 38 U.S.C.A. § 1815 were denied because he is not a child of a Vietnam veteran and does not have standing to file such claims.

The appeal is remanded to the RO for further development and adjudication of the issues on appeal.