Other conditions decisions — 2008

The appeal is remanded to the RO for additional development as outlined in M21-1 regarding claims for service connection based on herbicide exposure in locations other than Vietnam or the DMZ in Korea.

The Board denied service connection for the cause of the veteran's death as there was no evidence that metastatic colon carcinoma, the immediate cause of death, was related to his military service.

The Board remands the claim for further development, including a VA examination to determine if the veteran has liver disease and whether such is related to military service.

The appeal was dismissed as the notice of disagreement to the rating decision of May 2003, denying benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida, was not timely filed.

The veteran's claim for educational assistance benefits under the MGIB for training from September 1994 to December 1996 was denied because his application was filed more than one year after he completed his course of study.

The Board found that the evidence did not support an increased initial evaluation for PTSD prior to January 25, 2006. An initial evaluation in excess of 30 percent was denied.

The appeal is remanded to the RO for further development and notification regarding the evidence needed to substantiate a claim for an increased rating for post-gastric resection, normal function, gastric reflux and hiatus hernia.

The RO properly calculated the appellant's countable income for 2004 and 2005 in determining eligibility for improved death pension benefits.

The Board denied the claim of clear and unmistakable error in an April 2002 rating decision that assigned an effective date of July 27, 1998 for a grant of service connection for dysthymic disorder.

The veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits was denied because it was not timely filed.

The veteran's claim for service connection for cancer of the larynx was denied because there is no evidence that he was exposed to herbicides in service, and no medical evidence linking his condition to service.

The appeal is remanded to obtain additional evidence and a medical opinion regarding the cause of the veteran's death.

The Board denied service connection for disability of the lower extremities, finding no evidence that any such disabilities were incurred or aggravated during active military service.

The case is being remanded to the RO for additional development and readjudication of the veteran's request for a waiver of recovery of an overpayment of VA compensation benefits.

The appellant, who is the adult daughter of a deceased veteran, does not qualify for VA benefits as she is over 60 years old and does not meet the criteria to be considered a 'child' under VA regulations.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at the Jewish Hospital in Cincinnati, Ohio, on July 7, 2002, was denied because it was determined that a VA facility was feasibly available and an attempt to use them beforehand would have been reasonable.

The veteran's service-connected disabilities, with a combined rating of 70 percent disabling, render him unable to obtain or retain substantially gainful employment consistent with his education and work experience.

The veteran is granted a 10 percent disability evaluation for residuals of right elbow fracture, as the evidence shows noncompensable limitation of motion and painful motion.

The appeal was dismissed due to the death of the veteran.

The case is remanded to obtain additional evidence and provide a more detailed opinion regarding the veteran's cause of death.